MODEL NOTES FOR JUDICIAL EXAM - 81

1. A and B are owners of adjacent fields and have separate paths to access their fields. A grants B a right to walk over his field whenever B pleases. B, while selling his property to C, also sells the right given to B by A. When C attempts to walk over A’s field, he is obstructed by A. C files a suit against A for enforcing his right to walk over A’s land.
        A. C can maintain the suit
        B. C cannot maintain the suit.
        C. C can only claim damages from A
        D. None of the above

2. Which of the following is a correct statement while suing for mesne profits?
A. All co-­owners should jointly sue from person in wrongful possession.
B. One of the co­-owners can sue from person in wrongful possession.
C. One of the co-­owners can sue from person in wrongful possession only with the permission of the other co­ owners.
D. One   of   the   co-­owners   can   sue   for   mesne   profits   from   person   in
wrongful possession when a majority of the other co­ owners have given permission.

3. The contract where one of the parties has almost nil opportunities to bargain over the special terms of the agreement and they have no choice but to accept the terms or leave the deal together, while the other party is in a position to dictate its terms is called as:- 
    A. Adhesion Contract
    B. Void Contract

4. The Government assigned a land to Gopal with a permanent restraint on the assignee from selling the property and with a further condition that in case of breach of the above condition, the Government can repossess the property. Gopal sold the property to Palani. The Government issued notice to repossess the property.
    A. The Government can repossess the property.
   B. The permanent restriction imposed in the patta is void and it is hit by section 10 of Transfer of Property Act.

5. Parliament may, by law, determine, to what extent, any of the rights conferred by Part III of the Constitution of India, shall be restricted in its application to members of the Armed Forces.
   A. This statement is incorrect in view of the judgment in  Maneka Gandhi's case.
    B.This statement is correct.

6. Does the State have an obligation to provide security and protection to persons who wish to hear the speech of a person and have assembled on his invite in. a public place?
      A. No, since Right to freedom of speech does not include the right to be heard.
    B. Yes, since Right to freedom of speech includes the right to know about such expression.

7. Under Sec.38 of the Transfer of Property Act, 1882, the burden to prove the use of reasonable care is on:-
     A. Transferee
     B. Transferor

8. Which statement in law is incorrect in the context of decision of Supreme Court in Sakiri Vasu vs. State of UP (AIR 2008 SC 907)?
     A. Magistrate has power to direct police to register FIR
     B. Magistrate can monitor investigation
     C. Magistrate cannot direct CBI to investigate
     D. None of the above

9. The principle of res judicata is also applicable between co-defendants. Which one of the following is not an essential condition to bind the co-defendants?
   A. The co-defendants must have filed joint written statements
         B. The question between the defendants must have been finally decided

10. Under Indian Contract Act, 1872 destruction of subject matter of contract leads to 
      A. Breach of Contract
      B. Discharge by impossibility




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 ...