MODEL NOTES FOR JUDICIAL EXAM - 103

1. A Judicial Magistrate dismissed a private complaint u/s 203 CrPC. The aggrieved complainant approached the Chief Judicial Magistrate for remedy. The Chief Judicial Magistrate ordered the same Judicial Magistrate to make further inquiry.

A. The Chief Judicial Magistrate is not empowered to direct.

B. The Chief Judicial Magistrate is empowered to direct.

C. The power of revision is available only to the High Court and the Sessions Court.

D. Both C and A

***Explanation: Section 192 of the Code of Criminal Procedure - 1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Section 203 of the Code of Criminal Procedure provides as under: If after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) u/s 202, the magistrate is of the opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.***

***A complaint cannot be dismissed in the absence of the complainant, according to Section 203 of the Code. In other words, there is no provision at this stage for dismissing the complaint in his absence. If the first complaint was dismissed due to an error by the court or a Magistrate, the second complaint can be filed on the same facts.***

2. The case of Rudul Sah v. State of Bihar is concerned with -
    A. Protection of basic rights of prisoners
    B. Assault
    C. Compensation for illegal detention
    D. None of the above
Explanation: The Supreme Court granted compensation to Rudul Sah, who had been a victim of illegal detention for several years. Despite being acquitted by the Additional Sessions" Judge Muzaffarpur in Bihar on 3 June 1968, Sah remained imprisoned for over 14 years. Sah filed a habeas corpus petition, requesting that the Supreme Court order his release on the grounds that his detention in jail was illegal. Before the petition was heard in 1982, the government of the state of Bihar informed the court that Sah had been released from jail on October 16, 1982. The Supreme Court not only ruled that Rudul Sah's detention in prison following his acquittal was unjustified, but also ordered the state government to pay the petitioner Rs 30 000 as an interim measure, in addition to the Rs 5 000 already paid. The Court noted that the order for compensation was only palliative in nature, and that this did not preclude the petitioner from bringing a suit to recover appropriate damages from the state and its erring officials.

3. The provision relating to health and safety of arrested person have been prescribed under which one of the following Sections of the Cr. P. C.?

A. Section 50 A

B. Section 53 A

C. Section 55 A

D. Section 60 A

Explanation: Sec. 55A Cr. P. C. It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused

4. How many circumstances has been enumerated under Section 300 of the Indian Penal Code under which culpable homicide is murder?

A. 2

B. 3

C. 4

D. 5

5. Which amongst the following is not a main organ of the United Nations?

A. Trusteeship Council

B. Economic and Social Council

C. United Nations Secretariat

D. United Nations Educational, Scientific and Cultural Organization

Explanation:  The main bodies of the United Nations are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. All were established under the UN Charter when the Organization was founded in 1945.

6. Which one of the following statement(s) is not correct

(A) Right to equality includes the principles of natural justice

(B) Right to personal liberty includes right to livelihood

(C) Protection available to accused persons includes protection against ex-post facto laws in civil matters

(D) Protection against arrest and detention includes right to consult and to be defended by lawyer of one's choice

Explanation: The Constitution's many Articles provide a strong foundation for the natural justice ideas. All of the fairness found in the principles of natural justice can be read into Article 21 when a person is deprived of his or her life or personal liberty since Article 21 introduces the idea of substantive and procedural due process. In other areas, Article 14 contains the concepts of natural justice. Article 14 covers both arbitrary or discriminatory state action as well as discriminatory class legislation. Natural justice is a violation of the equality clause of Article 14 because it leads to arbitrariness.

Protection against an ex post facto law applies only to criminal laws. 

Also, check Article 22 of the Constitution of India

7. Under the Indian Evidence Act, 1872 for an admission to be considered as substantive evidence

(A) it need not be voluntary

(B) it must be judicial admission

(C) it must be binding to the question of law

(D) it need not be in writing

Explanation: Admission is the best piece of evidence. The admission must be unequivocal. It is well settled that a party's admission as defined in Section 17 to 20 of the Indian Evidence Act fulfilling the requirement of Section 21 is substantive evidence proprie vigore. In fact, an admission is a 'self harming statement express or implied, oral or written, which is adverse to a party's case.'

8. Point out the incorrect response:

The period of limitation for taking cognizance of an offense shall be

A. six months, if the offence is punishable with fine only

B. one year, if the offence is punishable with imprisonment for a term not exceeding one year

C. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

D. five years, if offence is punishable with death sentence

Explanation: According to Section 468 CrPC, the period of limitation shall be six months, if the offence is punishable with fine only;one year, if the offence is punishable with imprisonment for a term not exceeding one year;three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

9. The MMDRA enacted by Parliament grants the Union Government the: 

(A) Right to obtain ownership of land containing mineral wealth 

(B) Power to exclude the State Government from ownership rights of land containing mineral wealth 

(C) Right to regulate the grant of mining rights 

(D) Right to impose taxes on all mining activities

10.  The doctrine of eclipse was first used to interpret 

(a) Article 13 (1) 

(b) Article 13 (2) 

(c) Article 13 (3) 

(d) Article 13 (4)

Explanation:  The doctrine of eclipse is referenced in Indian Constitutional Article 13(1).

 

MODEL NOTES FOR JUDICIAL EXAM - 102

 1. The Directive Principles of State policy are aimed at:

  • Securing social and economic democracy through a welfare state
  • Securing political democracy through a welfare state
  • Executive democracy
  • Judicial democracy

2. Which Fundamental Right is available to citizens only?
  • Right to Equality
  • Protection against arrest and detention
  • Freedom of speech and expression
  • Protection of life and personal liberty

3. Which of the following injunctions is always without any time limits?
  • Temporary Injunction
  • Mandatory Injunction
  • Perpetual Injunction
  • None of these

4. A sues B for the land of which B is in possession and which as A asserts was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Applying Section 102 of the Indian Evidence Act-
  • the burden of proof is on A
  • the burden of proof is on B
  • the burden of proof is on C
  • none of these

5. Causing disappearance of evidence of offence or, giving false information to screen offender, is an offence under
  • Sec. 200 I.P.C.
  • Sec. 201 I.P.C. 
  • Sec. 202 I.P.C.
  • Sec. 203. I.P.C. 

7. Which one of the following does not render a contract void after it has been made?
  • Commercial impossibility
  • Physical impossibility
  • Legal Impossibility
  • Practical impossibility

8. Out of the following which is the correct order of examination of witnesses?
  • re-examination, examination in chief, cross-examination
  • cross-examination, re-examination, examination-in-chief
  • examination-in-chief, cross-examination, re-examination
  • cross-examination, examination-in-chief, re-examination

9. Under the provision of the Civil Procedure Code plea of adverse possession is a defence available
  • only to the plaintiff against the defendant
  • only to the defendant against the plaintiff
  • both plaintiff and defendant
  • only to movable property

10. The doctrine of "lis pendens" is explained in the famous case of
  • Musahur Sahu v. Hakim Lal
  • Muhammad Shafi v. Muhammad Saved
  • Tulk v. Moxhay
  • Bellamy v. Sabine

      

Union Home and Cooperation Minister Shri Amit Shah laid the cornerstones for 240 development projects worth more than Rs 2,000 crore in Srinagar.

 On October 5, 2022, Srinagar's 240 development projects, totaling around Rs. 2,000 crore, were officially launched and the foundation stone was placed by Union Home and Cooperation Minister Shri Amit Shah.

Amit Shah also spoke at a public gathering in Baramulla, Jammu and Kashmir and dedicated a number of construction projects worth millions of rupees.

The Jammu and Kashmir Lieutenant Governor Manoj Sinha and Union Minister Dr. Jitendra Singh were among the dignitaries present.

According to Union Home Minister Amit Shah, Prime Minister Narendra Modi has connected 30,000 people with democracy by elevating it to the level of the Panch, Sarpanch, BDC, and Zilla Panchayat of the village. Before August 5, 2019, only three families, 87 MLAs, and six MPs in Kashmir understood what democracy was. Prior to Prime Minister Narendra Modi, corruption caused the money of the poor to be misappropriated. Now, however, Modi is making sure that the needy actually receive their money. In contrast to the 70 years of three families' domination, he said that under Prime Minister Modi's direction, investments totaling Rs. 56,000 crore have been made in Jammu and Kashmir. 

According to Amit Shah, the area used to be a hotspot for terrorist activity but is now popular with tourists. A maximum of 22 lakh visitors have already visited the Kashmir Valley in 2022, compared to the previous annual average of only six lakh, creating jobs for thousands of young people in the process.

According to Amit Shah, Prime Minister Narendra Modi has replaced the stones and firearms that the Valley's youth once used with cellphones and computers while also giving them jobs by establishing enterprises there. Jammu & Kashmir has lost 42,000 citizens to terrorism since 1990. He claimed that terrorism is currently being eliminated gradually.

According to Shah, electricity is currently available in every hamlet in Kashmir, and Prime Minister Modi has promised to cover all medical costs up to Rs. 5 lakh.

He said that 77 lakh people now have access to health cards that cover all of their medical expenses.

Prime Minister Modi has supplied shelter to these people in Jammu and Kashmir from 2014 to 2022. Previously, one lakh individuals lacked a pucca house to live even in the region's chilly winds. As part of the Jal Jeevan Mission, the administration of Prime Minister Narendra Modi has given tap water to 58% of households, given gas cylinders to around 12 lakh families, and deposited Rs. 6,000 annually into the accounts of about 11.87 lakh farmers.

The Union Home Minister declared his desire to connect with the Gujjars, Bakarwals, and Paharis of Baramulla as well as the Kashmiri youth. He urged the people of Kashmir to go forward with the rest of the nation's States, saying they should keep an open mind and recognize that those who fomented fear in the area never accomplished anything positive. The route of growth, not terrorism, is what Shah advised us to take. Prime Minister Narendra Modi is adamant that Kashmir's youth should work to advance the nation, get employment by furthering their education, and advance the nation by establishing connections with businesses. There are two models, he claimed, one of which is Prime Minister Narendra Modi's model of advancement, harmony, and employment, and the other of which results in attacks like the one in Pulwama. A hospital in Pulwama was built by Prime Minister Modi for a cost of Rs. 2,000 crore. The IIMs and IITs in Prime Minister Narendra Modi's model contrast with the stones, machine guns, and closed colleges in the second model. According to Shri Shah, youth should pursue education rather than hold stones in their hands. Prime Minister Narendra Modi has seized the youth's hold of stones and encouraged them to pursue education on their own.

Elections in Kashmir will be held for the people with total transparency, according to Amit Shah, who stated that the administration has started the political process. The territory will be governed by the elected officials. Prior to the delimitation, he claimed, only the members of three families stood to gain; but, as a result of the delimitation, he claimed, the representatives of the people will now prevail and dominate. According to the Union Home Minister, Prime Minister Narendra Modi has made sure that Kashmir is now almost terror-free. He counselled people to reason with everyone in their area who supports terrorism and bring them back into the mainstream since only democracy, industrialization, AIIMS, IIM, and IIT can improve Kashmir.

According to the Union Home and Cooperation Minister, Jammu and Kashmir's budget during the rule of the three families was just Rs. 132 crore, but in 2022–2023, under Prime Minister Modi's leadership, the budget jumped from Rs. 132 crore to Rs. 1,515 crore. 10 crore rupees each have been allocated for PDC and DDC. According to Shri Shah, the government, led by Prime Minister Narendra Modi, is also working to establish a residential school with 100 beds for Gurjar-Bakarwal females from Baramulla. Five new degree institutions are also being opened in various regions of Jammu and Kashmir. 

A government medical college is also being built in Baramulla, giving the local young the chance to study medicine and help the Kashmiri people. He claimed that between 1947 and 2014, just four medical facilities were established in Jammu and Kashmir, but between 2014 and 2022, the Indian government—led by Prime Minister Narendra Modi—built nine new medical colleges and fifteen new nursing institutions. 1,300 doctors will complete their education and work in the country and Jammu & Kashmir, as opposed to the 500 doctors who previously graduated from Jammu & Kashmir. According to Shri Shah, Kashmir currently has two cancer institutes, a B.Sc. nursing college, NEET, AIIMS, and more. Two cluster universities have been constructed in Jammu and Kashmir, while new medical institutions have been established in Anantnag and Baramulla.

According to Amit Shah, the expressways from Nangal to Baramulla and from Baramulla to Uri cost 850 crore rupees to construct. To facilitate travellers from Gulmarg to Baramulla, a 43-km route that cost Rs. 85 crore has been constructed. According to him, a scheme worth Rs. 847 crore is bringing over 1 lakh families into the purview of schooling. In Jammu and Kashmir's 402 panchayats, two stadiums have been constructed, along with one playground in every panchayat. Two indoor stadiums are also being constructed at a cost of Rs. 10 crore. According to Shri Shah, 13 lakh tourists travelled to Gulmarg in September of this year. According to him, the implementation of irrigation and power projects costing thousands of crores of rupees will make the Kashmir valley prosperous. The Udhampur to Baramulla rail link project has been started in an effort to expand the rail network. 119 new roads worth Rs. 3,367 crore have been constructed through the Pradhan Mantri Sadak Yojana. The Prime Minister's Industrial Package, according to the Union Home Minister, has attracted investments of Rs. 56,000 crore from all over the nation, which are expected to create 5 lakh jobs in Kashmir.

According to the Union Home Minister, before Article 370 was repealed, Gujjar-Bakarwal and Pahari people were not eligible for the benefits of reservation in employment, elections, and education. Now, however, they will all be eligible for these benefits. To address this, Prime Minister Narendra Modi established the Justice Sharma Commission, and an effort was made once more to build bridges amongst the various communities by conducting a ST, SC, and OBC survey. While the Pahari people will now get reservation, the Gujjar people will continue to profit from reservation as they have up to this point, and their share will remain unchanged. The Prime Minister's actions will open the door for changes in Jammu & Kashmir.

According to Amit Shah, 42,000 people—all of them underprivileged children—have been slaughtered in Jammu and Kashmir. According to him, Prime Minister Narendra Modi wants Jammu and Kashmir to continue being India's paradise and to put an end to the separatist and terrorism there. The Union Home Minister urged the populace to eradicate terrorism in Jammu and Kashmir.

Prime Minister Narendra Modi's administration, according to Shah, will not tolerate any form of terrorism. Under the direction of Prime Minister Modi, the government is bringing all-around development work to every area of Jammu and Kashmir, whether it is the Valley, Jammu, Srinagar, or Baramulla. He urged the populace to embrace national norms, support national progress, and advance.

GENERAL KNOWLEDGE FOR COMPETITIVE EXAM

1. The Cabinet Mission Plan for India envisaged

a. Federation

b. Confederation

c. Unitary Form of Government

2. Consider the following statements about the Nagara style of temple architecture: 

I. This style of temples are commonly found in the areas between Himalayas and Vindhyas. 

II. The most striking feature of this style is its pyramidal shikhara. 

Which of the statements given above is/are correct? 

a. I only

b. II only 

c. both

d. neither  

3.  In which of the following States is the Rowa Wildlife Sanctuary situated?

     a. Tripura

     b. Haryana

     c. Punjab 

     d. Assam

4. Tista river originates from ______

a. The Chota Nagpur Plateau

b. Amarkantak plateau

c. Darjeeling hills

d. Cholamu lake

         Explanation:  The Teesta River is 309 kilometres long and originates from Tso Lhamo Lake ( Cholamu lake) in North Sikkim.

 5. Find the odd one out of the below options:

      a. Sand

      b. Skirt

      c. Shirt

      d. Blouse

6. What does the term USB stand for?

a. Unique Service Business 

b. Unique Service Bus 

c. Universal Serial Bus 

d. Universal Services Bus

7.  Who among the following is the author of the book 'The Argumentative Indian'?

    a. Arundhati Roy

    b. Jhumpa Lahiri

    c. Amitav Ghosh

    d. Amartya Sen 

    e. None of these

8. Which of the following symbols is used to enter formula in an MS-Excel cell?

   a. $ 

   b. + 

   c. #

   d. =

9. ______ was the first Indian woman to win a medal in Paralympic games.

a. Deepa Phogat 

b. Deepa Malik 

c. Saina Nehwal 

d. Sarojini Gupta

10. Which of the following can be used to reload the current page, ignoring cached content in chrome?

       a. F5 

       b. Shift + F3 

       c. Shift + F6 

       d. Shift + F5

      Explanation: Shift F5 (or Shift + F5) allows to reload the whole current web page, including the browser cache.

JUDGMENT AND DECREE UNDER ORDER XX, THE CODE OF CIVIL PROCEDURE, 1908

 DecreeUnder Section 2(2) CPC, "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties about all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include

a. any adjudication from which an appeal lies as an appeal from an order, or

b. any order of dismissal for default.

Explanation. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

Judgment: Under Section 2(9) CPC "judgment" means the statement given by the Judge of the grounds of a decree or order

ORDER XX 

RULE 1 Judgment when pronounced

  • After the hearing has been completed, the court shall pronounce the judgment in open court, either at once or on some future day, after giving due notice to the parties or their pleaders.
  • It is provided that if a judgment is not pronounced at once, it should ordinarily be delivered within thirty days from the conclusion of the hearing.
  • Where it is not practicable so to do due to the exceptional and extraordinary circumstances of the case, the Court may pronounce the judgment within 60 days.
  • Due notice of the day so fixed shall be given to the parties or their pleaders.
  • It shall not be necessary for the Court to read out the whole judgment. 
  • It would be sufficient if the final order is pronounced.
  • The judgment must be dated and signed by the judge.
RULE 2 Power to pronounce judgment written by judge's predecessor
A Judge shall pronounce a judgment written, but not pronounced, by his predecessor.

RULE 3 Judgment to be signed

  • The judgement must be dated and signed by the judge.
  • A judgment once signed cannot afterwards be amended or altered except
    i. to correct clerical or arithmetical mistakes or errors due to accidental slips or omissions (Section 152)
    ii. on a review (Section 114).

RULE 4 Judgments of Small Cause Courts

  • Judgments of a court of Small Causes need not contain more than the points for determination and the decision thereon
  • Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
RULE 5 Court to state its decision on each issue
In suits in which issues have been framed, the Court must record its finding on each separate issue with the reasons therefor.

RULE 5A Court to inform parties as to where an appeal lies in cases where parties are not represented by leaders
Where both the parties are represented by pleaders, the Court should inform the parties present in Court as to the Court to which an appeal lies against the judgment pronounced and the period of limitation for the filing of such appeal and place on record the information so given to the parties.

RULE 6 Contents of decree.

  • The decree shall follow the judgment, agree with it and bear 
    i. the number of the suit
    ii. the names and descriptions of the parties
    iii. their registered addresses
    iv. particulars of the claim
    v. 
    the relief granted
    vi. the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid

RULE 6A Preparation of decree.
  • A decree should be drawn up within fifteen days from the date of the judgment.
  • If the decree is not drawn up, an appeal can be preferred without filing a copy of the decree.

RULE 6B. Copies of judgments when to be made available
After the judgment is pronounced, copies of the judgment should be made available to the parties immediately on payment of charges.

RULE 7. Date of decree.
The decree shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.

RULE 8 Procedure where Judge has vacated office before signing decree.
Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.

RULE 9 Decree for recovery of immovable property. 
In a suit for recovery of immovable property, the decree shall contain a description of such property sufficient to identify the same, and where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.

RULE 10 Decree for delivery of movable property.                            A decree for delivery of movable property must state the amount of money to be paid as an alternative if delivery cannot be had.

RULE 11. Decree may direct payment by instalments.
In a decree for the payment of money, the Court may order that the payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.

RULE 12. Decree for possession and mesne profits. 
In a suit for recovery of possession of the immovable property, the court may pass a decree 
  • for possession of the property
  • for past rent or mesne profits
  • direct an inquiry as to past rent or mesne profits
  • direct an inquiry as to future rent or mesne profits
  • final decree in respect of rent or mesne profits in accordance with the result of such inquiry 
                                                                  to be continued...



MODEL NOTES FOR JUDICIAL EXAM - 101

 1. A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured. Which of the following is correct?
     A. The fact that B's attention was drawn on other occasions to the defect of that particular carriage is relevant.
       B. The fact that B was habitually negligent about the carriages which he let to hire is relevant
       C. Both

2. Assertion (A)  An accused person cannot be compelled to give his thumb Impression.
    Reason (R) An accused person cannot be compelled to be a witness against himself.
In the question given above are two statements labelled as Assertion (A) and Reason [R]. In the context of two, which one of the following is correct?
    B. Both A and R are true, but R is not the correct explanation of A

3. Special damages will be awarded in case of a breach of contract :
    A. Only when the contracting parties express the same specifically as the terms of the contract.
    B. Always in the special circumstances leading to the formation of the contract.
    C. Only when the court of law thinks fit in the special circumstances of the case.

4. In the context of exception of grave and sudden provocation, which of the following is correct?
    A. provocation should not be voluntarily provoked by the offender
    B. lawful exercise of the right of private defence does not give provocation
  C. lawful exercise of powers by a public servant in obedience to the law does not amount to provocation 
    D. All of the above 

5. The Chief Justice of India who passed away while in office was:
    A. Justice A.N. Ray
    B. Justice Sabayasachi Mukharji

6. Under Sec. 16 of the Indian Contract Act, a person is deemed to be in a position to dominate the will of another--
   A. where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other
  B. where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.
   C. Both

7. Rahul, being in debt to Samrat, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on
    A. Samrat to prove that the contract was not induced by undue influence
    B. Rahul to prove that the contract was not induced by undue influence

8. In which case has it been held that presence of a lawyer at the time of interrogation cannot be demanded as a matter of right?
    A. Poolpandi and others Vs. Superintendent Central Excise & Ors. (1992)
    B. Senior Intelligence Officer vs Sri Jugal Kishore Samra 
    C. Both

9. Every agreement in restraint of the marriage of any person, other than a minor, is void under
    A. Sec. 26 Indian Contract Act
    B. Sec. 36 Indian Contract Act

10. In which case the Supreme Court observed that even a student may be treated as an expert under Sec. 45 of the Indian Evidence Act, 1872?
      A. Kanpur University vs. Samir Gupta (1983)
      B. Punjab Singh vs. State of Haryana (1984)

MODEL NOTES FOR JUDICIAL EXAM - 100

1. The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant under 
    Ans: Sec. 45, Indian Evidence Act

2. Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person's part. A has therefore intentionally used force to Z; and if he has done so without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. 
    I. Sec. 351 IPC
    II. Sec. 350 IPC

3. A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z
    I. Sec. 351 IPC
    II. Sec. 350 IPC

4. A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
     I. Sec. 351 IPC
     II. Sec. 350 IPC

5. Under ___, "Code" includes rules
    I. 
Sec. 2(1) CPC
   
II. 
Sec. 2(2) CPC

6. Property of any kind may be transferred under the Transfer of Property Act, 1882 except
    I. The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature
    II. An easement apart from the dominant heritage
    III. An interest in property restricted in its enjoyment to the owner
    IV.  All of the above

7. A supplies B, a lunatic, with necessaries suitable to his condition in life. A is
    I. entitled to be reimbursed from B's property
    II. not entitled to be reimbursed from B's property

8. A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is
    I. not bound to repay the amount to B
    II. bound to repay the amount to B

9. Property not liable to attachment under Sec. 60 of CPC
    I. 
a mere right to sue for damages
    II. 
any right of personal service
    II. 
the wages of labourers and domestic servants, whether payable in money or in kind
    IV. All of the above

10. A makes a false entry in the electronic record for the purpose of using it as corroborative evidence in the trial court. A has
      I. Fabricated false evidence
      II. Not fabricated false evidence
      III. Committed forgery
      IV. None of the above


MY GUIDE TO COMPETITIVE EXAMINATION

MODEL NOTES FOR JUDICIAL EXAM - 103

1. A Judicial Magistrate dismissed a private complaint u/s 203 CrPC. The aggrieved complainant approached the Chief Judicial Magistrate for ...