MODEL NOTES FOR JUDICIAL EXAM - 10

1. Which section of the Indian Evidence Act provides,"Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent"?
    Ans: Section 109 in The Indian Evidence Act, 1872

2. A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resist­ed by Z, one of the inmates, murder Z. Is A liable?
  Ans: Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 

3. A, by a misrepresentation, leads B erroneously to believe that, five hundred mounds of indigo are made annually at A's factory. B examines the accounts of the factory, which show that only four hundred mounds of indigo have been made. After this B buys the factory. Is the contract void/voidable?
  Ans: The contract is not voidable on account of A's misrepresentation.

4. Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech. True/False
     Ans: True

5. The budget is also known as:
     A. Annual Financial Statement
    B. Monthly Financial Statement

6. The doctrine of frustration is applicable to purely contractual obligations and cannot put an end to an estate in land which has already been created and has accrued in favour of a party.True/False?
     Ans: True

7. Are the Election Tribunals subject to the superintendence of the High Courts under article 227 of the Constitution of India?
     Ans: Yes

8. Under section 456 of CrPC
    A. possession of an immovable property can be restored only in case the person is convicted
       B. possession of an immovable property cannot be restored only in case the person is convicted

9. Cross–examination of person called to produce a document, produced under which section of the Indian Evidence Act?
     Ans: Section 139

10. In a non-cognizable case, when a Magistrate orders the police to investigate, in that it will be at par with the cognizable offence case and the police will have all the powers in respect of investigation
        A. including the power to arrest without warrant
        B. except the power to arrest without warrant

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