MODEL NOTES FOR JUDICIAL EXAM - 22

1. Corpus delicti means
     A. Fake evidence of an offence
     B. Hearsay evidence of an offence
     C. Lack of evidence of an offence
     D. An evidence which constitutes an offence

2. Opinion as to relationship of marriage under section 50 of Indian Evidence Act

     A. is admissible in cases of offences against marriage

   B. is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act

3. The Comptroller and Auditor General of India can be removed from office in like manner and on like grounds as :  
    A. High Court Judge 
    B. Prime Minister
    C. Supreme Court Judge

4. Not all property can be transferred under the Transfer of Property Act. What are they?
    Ans: Section 6 of the Transfer of Property Act, 1882 contains some exceptions to the general rule that property of any kind may be transferred. Consequently, the following property cannot be transferred:

• 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 cannot be transferred;
• a mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby;
• an easement cannot be transferred apart from the dominant heritage.
• an interest in property restricted in its enjoyment to the owner personally cannot be transferred by him;
• a right to future maintenance in whatsoever manner arising, secured or determined, cannot be transferred;
• a mere right to sue cannot be transferred;
• a public office cannot be transferred nor can the salary of a public officer, whether before or after it, has become payable;
• stipends allowed to military, naval, air force and civil pensioners of the Government and political pensions cannot be transferred.

5. As an easement confers no proprietary right on its owner, it cannot be transferred apart from the land itself. True/False

     Ans: True

6. What is the ratio decidendi of a case?
     A. The reasons for the decision
     B. Other things said

7. The principle of stare decisis is embedded in latin Maxim ‘stare decisis et non quieta movere’,which means
     Ans: to stand by and adhere to decisions and not disturb what is settled

8. Which is the lower house of State Legislature?
      Ans: Legislative Assembly (Vidhan Sabha)

9. Section 497 IPC and Section 198(2) CrPC, held unconstitutional and struck down by the Supreme Court in the case of
      Ans: Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

10. "No fundamental right can be waived by a citizen and that the fundamental rights are sacrosanct and cannot be waived on the basis of the decisions of the Supreme Court of the United States of America as the Indian Constitution has a mechanism to check the violation of the fundamental rights as has been provided under Article 13," observed by
      Ans: Bhagwati, J.