1. The Court may alter the charge
A. before judgment is pronounced
B. before the evidence of the prosecution is taken
2. Identification of the Accused is related to which section of the Indian Evidence Act?
Ans: Sec. 9
3. Section 190 Cr.P.C provides for taking of cognizance by the Magistrate:
A. Upon receiving a complaint of facts which constitutes such offence
B. Upon a police report u/s 173 Cr.P.C
C. Suo Moto
D. All of them
4. ‘X’ and ‘Y’ go to murder ‘Z’. ‘X’ stood guard with an axe in hand but did not hit ‘Z’. ‘Y’ killed ‘Z’.
A. Only Y is liable for the murder of Z
B. Both X and Y are liable for the murder of Z
C. X is not liable since he did not do any overt act
5. Under which section of the CrPC an arrested person is to be examined by the Government Medical officer immediately after such arrest?
Ans: Sec. 54
6. Jurisdiction of civil court can be barred either
A. impliedly
B. expressly
C. expressly or impliedly
7. Oral evidence must be
A. direct
B. circumstantial
8. The investigating officer under Sec. 160 of CrPC cannot require the attendance at a place other than the place of residence of
A. a male under the age of 18 years
B. a woman
9. The mortgagor's power to lease would be made in the ordinary course of management of the property in accordance with any local law, custom or usage. The statement is
A. wrong
B. correct
10. What are the rights of pawnee under the Indian Contract Act?
Ans: Pledge is an extension of bailment, therefore the pawnor and pawnee have almost the same rights and duties as those of the bailor and bailee. Their rights may be studied as follows:
A. Right of retainer: The pawnee has right to rctain the pledged goods till his payments are made (Sections 173 and 174). He can retain the goods for the following payments:
a) for the payment of the debt or performance of the promise,
b) interest on the debt, and
c) for all necessary expenses incurred by him in respect of the possession or for the preservation of the pledged goods. This right of the pawnee to retain the pledged goods till he is paid, is known as pawnee's right of particular lien. In the absence of a contrary contract, the pawnee cannot retain the goods pledged for any debt or promise other than the debt or promise for which the goods are pledged. However, in the absence of any thing to the contrary, such a contract shall be presumed when subsequent advances are made without any further security. If fresh security is provided for the fresh advance, this presumption will not apply
B. Right to Extraordinary Expenses (Sec. 175): The pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged. This right does not entitle the pawnee to retain the goods for recovery of such expenses, however, he can sue the pawnor to pay such amount.
C. Right to Sale (Sec. 176): Upon a default being made by the pawnor in the payment of the debt or performance of the promise the pawnee gets two distinct rights. Firstly, the pawnee may bring a suit against the pawnor for the recovery of the due amount or for the performance of the promised duty and in addition to it he may retain the goods as a collateral security. Secondly, he may sell the goods pledged but only after giving reasonable notice of the intended sale, to the pawnor.
If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance, If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus, to the pawnor.
Further the pawnee cannot sell the goods to himself. If he does so the sale is void and the pawnor can take back the goods after paying the amount due.
D. Right against the true owner of goods (Sec. 178 A): When the pawnor has acquired, possession of pledged goods, under a voidable contract, but the contract has not been rescinded, at the time of pledge, the pawnee acquires a good title to the goods, even against the true owner, provided the pawnee had no notice of the pawnor's defect in title and he acts in good faith.
2. Identification of the Accused is related to which section of the Indian Evidence Act?
Ans: Sec. 9
3. Section 190 Cr.P.C provides for taking of cognizance by the Magistrate:
A. Upon receiving a complaint of facts which constitutes such offence
B. Upon a police report u/s 173 Cr.P.C
C. Suo Moto
D. All of them
4. ‘X’ and ‘Y’ go to murder ‘Z’. ‘X’ stood guard with an axe in hand but did not hit ‘Z’. ‘Y’ killed ‘Z’.
A. Only Y is liable for the murder of Z
B. Both X and Y are liable for the murder of Z
C. X is not liable since he did not do any overt act
5. Under which section of the CrPC an arrested person is to be examined by the Government Medical officer immediately after such arrest?
Ans: Sec. 54
6. Jurisdiction of civil court can be barred either
A. impliedly
B. expressly
C. expressly or impliedly
7. Oral evidence must be
A. direct
B. circumstantial
8. The investigating officer under Sec. 160 of CrPC cannot require the attendance at a place other than the place of residence of
A. a male under the age of 18 years
B. a woman
9. The mortgagor's power to lease would be made in the ordinary course of management of the property in accordance with any local law, custom or usage. The statement is
A. wrong
B. correct
10. What are the rights of pawnee under the Indian Contract Act?
Ans: Pledge is an extension of bailment, therefore the pawnor and pawnee have almost the same rights and duties as those of the bailor and bailee. Their rights may be studied as follows:
A. Right of retainer: The pawnee has right to rctain the pledged goods till his payments are made (Sections 173 and 174). He can retain the goods for the following payments:
a) for the payment of the debt or performance of the promise,
b) interest on the debt, and
c) for all necessary expenses incurred by him in respect of the possession or for the preservation of the pledged goods. This right of the pawnee to retain the pledged goods till he is paid, is known as pawnee's right of particular lien. In the absence of a contrary contract, the pawnee cannot retain the goods pledged for any debt or promise other than the debt or promise for which the goods are pledged. However, in the absence of any thing to the contrary, such a contract shall be presumed when subsequent advances are made without any further security. If fresh security is provided for the fresh advance, this presumption will not apply
B. Right to Extraordinary Expenses (Sec. 175): The pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged. This right does not entitle the pawnee to retain the goods for recovery of such expenses, however, he can sue the pawnor to pay such amount.
C. Right to Sale (Sec. 176): Upon a default being made by the pawnor in the payment of the debt or performance of the promise the pawnee gets two distinct rights. Firstly, the pawnee may bring a suit against the pawnor for the recovery of the due amount or for the performance of the promised duty and in addition to it he may retain the goods as a collateral security. Secondly, he may sell the goods pledged but only after giving reasonable notice of the intended sale, to the pawnor.
If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance, If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus, to the pawnor.
Further the pawnee cannot sell the goods to himself. If he does so the sale is void and the pawnor can take back the goods after paying the amount due.
D. Right against the true owner of goods (Sec. 178 A): When the pawnor has acquired, possession of pledged goods, under a voidable contract, but the contract has not been rescinded, at the time of pledge, the pawnee acquires a good title to the goods, even against the true owner, provided the pawnee had no notice of the pawnor's defect in title and he acts in good faith.
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