MODEL NOTES FOR JUDICIAL EXAM - 57

1. A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement and obtains money from Z afterwards. A breaks his contract and does not deliver the cement bags.
        A.  A cheated Z
      B. A did not cheat Z , but is only liable to a civil action for breach of contract

2. Match the following with the Articles of the Constitution of India:
          List-I 
     I. Punishment from self-incrimination
     II. Protection of life and personal liberty
     III. Protection from double punishment
     IV. Protection from ex-post facto legislation
             List-II
     i. Art. 20(2)
     ii. Art. 20(1)
     iii. Art. 20(3)
     iv. Art. 21
    Options:
  A. I-i,II-ii, III-iii,IV-iv
  B. I-iv, II-iv, III-i, IV-ii

3. A man is presumed to be dead if he is not heard of  as alive for
     A. 7 years
     B. 8 years

4. A is charged with voluntarily causing grievous hurt under Section 325 of the Indian Penal Code. The burden of proving the sudden and grave provocation by the injured is on
    A. A
    B. Prosecution

5. An email was forwarded by the originator through an email server to the addressee. The court may presume that the message
     A. corresponds with the message fed into the originator's computer
       B. was sent by the originator

6. A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution, provided by which section of CPC, 1908?
     Ans: Sec. 38

7. In which case did the apex Court held that the proper test for determining whether a question of law raised in a case is substantial would be whether it is of general public importance or whether it directly or substantially affects the rights of the parties?
     Ans: Sir Chunilal V. Mehta and Sons Ltd. v Century Spinning and Manufacturing Co. Ltd. (AIR 1962 SC 1314)
  [Note:  Test laid down in Sir Chunilal V. Mehta and Sons Ltd. v Century Spinning and Manufacturing Co. Ltd. to determine whether a substantial question of law is involved are:
  • Whether directly or indirectly it affects the substantial rights of the parties 
  • Whether the question is of general public importance 
  • Whether it is an open question in the sense that the issue has not been settled by pronouncement of the highest court in the land 
  • The issue is not free from difficulty 
  • It calls for a discussion for alternative view]
8. Which among the following was the outcome of kesavanand Bharti Case v/s State of Kerala Case 1973?
A. Preamble is part of the constitution and subject to amending power of the parliament
B. Preamble is part of the constitution but not subject to amending power of the parliament

9. The case of Sarat Chander Dey v. Gopal Chander Laha is related to which section of Indian Evidence Act, 1872?
     Ans: Sec. 115

10. Which section of the CrPC, 1973 says "When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued"?
       Ans: Sec. 179

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MODEL NOTES FOR JUDICIAL EXAM - 103

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