MODEL NOTES FOR JUDICIAL EXAM - 101

 1. A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured. Which of the following is correct?

     A. The fact that B's attention was drawn on other occasions to the defect of that particular carriage is relevant.

       B. The fact that B was habitually negligent about the carriages which he let to hire is relevant

       C. Both

2. Assertion (A)  An accused person cannot be compelled to give his thumb Impression.

    Reason (R) An accused person cannot be compelled to be a witness against himself.

In the question given above are two statements labelled as Assertion (A) and Reason [R]. In the context of two, which one of the following is correct?

    A. Both A and R are true and R is the correct explanation of A

    B. Both A and R are true, but R is not the correct explanation of A

3. Special damages will be awarded in case of a breach of contract :

    A. Only when the contracting parties express the same specifically as the terms of the contract.

    B. Always in the special circumstances leading to the formation of the contract.

    C. Only when the court of law thinks fit in the special circumstances of the case.

   D. Only when the special circumstances causing loss of profit resulting from the breach of contract were brought to the notice of the party committing breach at the time of formation of the contract.

4. In the context of exception of grave and sudden provocation, which of the following is correct?
    A. provocation should not be voluntarily provoked by the offender
    B. lawful exercise of the right of private defence does not give provocation
  C. lawful exercise of powers by a public servant in obedience to the law does not amount to provocation 
    D. All of the above 

5. The Chief Justice of India who passed away while in office was:

    A. Justice A.N. Ray
    B. Justice Sabayasachi Mukharji

6. Under Sec. 16 of the Indian Contract Act, a person is deemed to be in a position to dominate the will of another--

   A. where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other

  B. where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.
   C. Both

7. Rahul, being in debt to Samrat, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on
    A. Samrat to prove that the contract was not induced by undue influence
    B. Rahul to prove that the contract was not induced by undue influence

8. In which case has it been held that presence of a lawyer at the time of interrogation cannot be demanded as a matter of right?
    A. Poolpandi and others Vs. Superintendent Central Excise & Ors. (1992)
    B. Senior Intelligence Officer vs Sri Jugal Kishore Samra 
    C. Both

9. Every agreement in restraint of the marriage of any person, other than a minor, is void under
    A. Sec. 26 Indian Contract Act
    B. Sec. 36 Indian Contract Act

10. In which case the Supreme Court observed that even a student may be treated as an expert under Sec. 45 of the Indian Evidence Act, 1872?
      A. Kanpur University vs. Samir Gupta (1983)
      B. Punjab Singh vs. State of Haryana (1984)

COERCION UNDER INDIAN CONTRACT ACT

Introduction

One of the essentials of a valid contract mentioned in Section 10 of the Indian Contract Act is that parties should enter into the contract with their free consent. According to Section 14 of the Indian Contract Act, consent is said to be free when it is not caused by

• coercion, as defined in Section 15, or
• undue influence, as defined in Section 16, or
• fraud, as defined in Section 17, or
• misrepresentation, as defined in Section 18, or
• mistake, subject to the provisions of Sections 20, 21 and 22

When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

Coercion

According to Section 15, coercion is the committing or threatening to commit, any act forbidden by the Indian Penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever with the intention of causing any person to enter into an agreement.

1. Act forbidden by the Indian Penal Code

    It has been noted above that if a person commits or threatens to commit an act forbidden by the Indian Penal Code with a view to obtaining the consent of the other person to an agreement, the consent in such a case is deemed to have been obtained by coercion. For instance, A threatens to shoot B if B does not agree to sell his property to A at a stated price, B's consent, in this case, has been obtained by coercion.
     
   For coercion, it is not necessary that the Indian Penal Code should be applicable at the place where the consent has been so caused. Explanation to Section 15 makes it clear that to constitute coercion, "it is immaterial whether the Indian Penal Code is or is not in force in the place where the coercion is employed." 

In Ranganayakamma v. Alwar Setti, I.L.R.(1889) 13 Mad. 214., the question before the Madras High Court was regarding the validity of the adoption of a boy by a widow, aged 13 years. On the death of her husband, the husband's dead body was not allowed to be removed from her house for cremation, by the relatives of the adopted boy until she adopted the boy. It was held that the adoption was not binding on the widow as her consent had been obtained by coercion. 

  In Chikkan Ammiraju v. Chikkam Seshama, I.L.R.(1918) 41 Mad. 33., the question before the Madras High Court was whether coercion could be caused by a threat to commit suicide. In this case, A, a Hindu, by a threat of suicide, induced his wife and son to execute a release deed in favour of A's brother in respect of certain properties claimed as their own by the wife and the son. 

     
The question before the court was whether a threat to commit suicide could be considered to be an act forbidden by the Indian Penal Code. It was held by Wallis, CJ and Seshagiri Ayyar, J. that a threat to commit suicide amounted to coercion within the meaning of Section 15 of the Indian Contract Act and therefore the release deed was voidable.

However, Oldfield, J., who dissented was of the view that suicide is not an act forbidden by the Indian Penal Code (only an attempt to commit suicide is punishable under Section 309, Indian Penal code) and a threat to do that could not be considered to be a threat to do a forbidden act within the meaning of Section 15 of the Contract Act.

2. Unlawful detaining of property

According to Section 15, coercion could also be caused by the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. If the detention of the property is not unlawful there is no coercion. For example, if a mortgagee refuses to convey the equity of redemption except on the terms dictated to him, there is nothing unlawful in it and therefore, no coercion is caused in this case.

3. To the prejudice of a person

Section 15 requires that there should be committing or threatening to commit, any act forbidden by the Indian Penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever with the intention of causing any person to enter into an agreement.

       It means that the act causing coercion should not necessarily be directed against the contracting party, it is enough that the act is to the prejudice of any person whatever, and with the intention of causing any person to enter into an agreement. If, for example, A unlawfully detains B's son, C, in order to coerce B to enter into the agreement, the case would be covered within this section. Apart from that, it is also not necessary that the wrongful act causing coercion should proceed from the party to the contract such as the case of Ranganayakamma v. Alwar Setti. 

A threat to strike is no coercion. Statutory compulsion is no coercion. In case of coercion not only the contract is voidable under Section 19 but if some money has been paid or goods delivered by a party to the contract under coercion, the same is recoverable under Section 72.

It was held by their Lordships of the Privy Council in the case of Seth Kanhaya Lal v. National Bank of India, Limited (1913) I.R. 40 I.A. 56, s. c. 15 Bom. L.R. 472 that the word "coercion" in Section 72 of the Indian Contract Act is used in its general and ordinary sense, its meaning not being controlled by the definition of "coercion" in Section 15 of the Act. 

Difference between Coercion and Duress

Coercion under Indian law is also synonymous with duress under Common law. However, there are some differences which are as follows:

• Coercion in India means committing or threatening to commit an act forbidden by the Indian Penal Code. Duress, under Common Law, consists of actual violence or threat of violence to a person. It includes doing an illegal act against a person, whether it be a crime or a tort. Thus, unlike coercion, duress is not confined to unlawful acts forbidden by any specific penal law, as the Indian Penal Code in India.
• In India, coercion can also be there by detaining or threatening to detain any person or property. In England, duress is constituted by acts or threats against the person of a man and not against his property.
• In India, coercion may proceed from a person who is not a party to the contract, and it may also be directed against a person who, again, maybe a stranger to the contract. In England, duress should proceed from a party to the contract and is also directed against the party to the contract himself, or his wife, parent, child, or other near relatives.  

MODEL NOTES FOR JUDICIAL EXAM - 99

1. A is accused of cheating B at a given time and place. The charge
    I. must set out the manner in which A cheated B
    II. need not set out the manner in which A cheated B

2. A is accused of disobeying a direction of the law with intent to save B from punishment. The charge
    I. must set out the disobedience charged and the law infringed
    II. need not set out the disobedience charged and the law infringed

3. Under Sec. 45 IPC, the word "life" denotes the
     I. life of a human being
     II. life of human and animal both

4. Which section of the Evidence Act deals with rule of res gestae?
     I. Sec. 7
     II. Sec. 6 

5. A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are
    I. relevant facts, though they do not contain the libel itself
    II. not relevant fact

6. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact under 
    I. Sec. 16 Indian Evidence Act
    II. Sec. 17 Indian Evidence Act

7. Power of Court to convert summons-cases into warrant-cases
     I. Sec. 259 CrPC
     II. Sec. 260 CrPC

8. A causes Z to go within a walled space, and locks Z in Z is thus prevented from proceeding in any direction beyond the circumscribing line of the wall. A wrongfully confines Z
    I. under Section 340 IPC
    II. under Section 341 IPC

9. The person making the proposal is called the "promisor", and the person accepting the proposal is called the "promisee under 
    I. Sec. 2(c) of the Indian Contract Act
    II. Sec. 2(d) of the Indian Contract Act

10. An agreement enforceable by law is a contract under
      I. Sec. 2(h) of the Indian Contract Act
      II.  Sec. 2(i) of the Indian Contract Act

MODEL NOTES FOR JUDICIAL EXAM - 98

1. In criminal proceedings, the fact that the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant
    A. Sec. 54 of Indian Evidence Act
    B. Sec. 64 of Indian Evidence Act

2. Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with
   A. imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine
  B. imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine

3. Under Sec. 363 A IPC, "begging" means—
  A. soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise
  B. entering on any private premises for the purpose of soliciting or receiving alms
  C. using a minor as an exhibit for the purpose of soliciting or receiving alms
  D. All of the above

4. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India were governed by the:
     A. Principles of English law and equity
     B. Indian Registration Act, 1908

5. Enforcement of decree against legal representative
    A. Sec. 52 CPC
    B. Sec. 53 CPC

6. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is
     a. void
     b. voidable

7. A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the these facts. The agreement is
    a. void
    b. voidable

8. A deed contains blanks. Evidence
    A. cannot be given of facts which would show how they were meant to be filled
    B. can be given of facts which would show how they were meant to be filled

 9.Secondary evidence means and includes
    A. Copies made from or compared with the original
    B. Counterparts of documents as against the parties who did not execute them
    C. Oral accounts of the contents of a document given by some person who has himself seen it
    D. All of the above

10. The seller is bound--
      a. to disclose to the buyer any material defect in the property or in the seller's title title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover
       b. on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place
     c. between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession, as an owner of ordinary prudence would take of such property and documents
    d. to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits
      e. all of the  above

MODEL NOTES FOR JUDICIAL EXAM - 97

 1. A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horses unsoundness. This is
     A. not fraud in A
     B. fraud in A

2. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
     A. Sec. 81 Indian Evidence Act
     B. Sec. 91 Indian Evidence Act

3. A owes money to B under a contract. It is agreed between A, B and C, that B shall thenceforth accept C as his debtor, instead of A. The old debt of A to B is at an end, and a new debt from C to B has been contracted. Illustration belongs 
    A. Sec. 61 of Indian Contract Act
    B. Sec. 62 of Indian Contract Act

4. Sec. 91 of the Indian Evidence Act applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one
     A. Explanation 1
     B. Explanation 2 

5. If a contract be contained in several letters, all the letters in which it is contained must be proved. True/False
    Ans: True (Illustration a Sec 91 Indian Evidence Act)

6. A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence
    A. is admissible
    B. is not admissible

7. Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. True/False
    Ans: True

8. A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was
   A. not induced by undue influence
   B. induced by undue influence

9. The maximum possible compensation awardable under section 357 of the Code of Criminal Procedure, 1973-
     A. Depends on the Court in which the case is being tried
     B. Depends on the discretion of the judge

10. Admissions and confessions are exceptions to the hearsay rule. True/False
     Ans: True

MODEL NOTES FOR JUDICIAL EXAM - 96

 1. Right of Gender equality and guarantee against sexual harassment has been recognised by the Supreme Court of India in the case

     A. Vishakha and others v State of Rajasthan

     B. Apparel Promotion Council Case

     C. Both

2. Necessity rule as to the admissibility of evidence is contained in 
    A. Sec.32 of the Indian Evidence Act
    B. Sec. 33 of the Indian Evidence Act

3. All persons shall be competent to testify unless the Court considers that they are prevented from _____ the questions put to them.
    A. understanding
    B. properly understanding

4. Propositions under Evidence Act are 
     I. In civil cases character evidence is inadmissible unless the character of a party is a fact in issue
     II. In criminal cases the evidence of good character is admissible generally
     III. In criminal proceedings evidence of bad character is inadmissible unless the same is fact in issue
     IV. In criminal proceedings evidence of bad character is admissible when evidence of good character is given .

     A. I,II correct

     B. I, III, IV correct
     C. All are correct

5. The death of the surety operates, in the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards future transactions
    A. Sec. 131 Indian Contract Act
    B. Sec. 121 Indian Contract Act

6. C, advances to B, his tenant, 2,000 rupees on the guarantee of A. C has also a further security for the 2,000 rupees by a mortgage of B's furniture. C cancels the mortgage. B becomes insolvent and C sues A on his guarantee. A is
    A. not discharged from liability to the amount of the value of the furniture
    B. discharged from liability to the amount of the value of the furniture

7. Ratification of an act
    A. may be expressed or may be implied
    B. has to be implied
    C. has to be express only

8. A person may apply for review of judgment if he is aggrieved by a decree or order from which no appeal is allowed
    A. under Sec. 114 CPC
    B. under Sec. 116 CPC

9. Sec. 41 of the Indian Evidence Act deals with
    A. Judgment in Rem
    B. Res Judicata

10. When police may arrest without warrant
      A. Who commits in the presence of police officer a cognizable offence
      B. Who has been proclaimed as an offender by State government 
      C. Both

COMPETITIVE EXAM QUESTIONS PART 164

1. Which Indian payments bank recently crossed a mile-stone of two crore customers?

    A. Airtel Payments Bank.

    B. India Post Payments Bank

2. Where is the Headquarters of United Nations Office on Drugs and Crime (UNODC) located?
    Ans: Vienna

3. A walks at a uniform rate of 4 km per hour and 4 hours after his start, B cycles after him at a uniform rate of 10 km per hour. How far from the starting point will B catch A?

   A. 16-7 km

   B. 26-7 km

4. Which of the following is outside the purview of Transplantation of Human Organs Act?

    A. Eyes

    B. Ear drum

    C. Ear bone

    D. Bone marrow

5. The Municipality of a town increases water tax by 20% and water consumption decreased by 20%. Then the percentage of increase or decrease in the monthly expenditure

   A. 4% increase

   B. 4% decrease

6. Who is known for the invention of 'World Wide Web'?

     Ans: Sir Tim Berners Lee

7. All virus are fungus. All bacteria are fungus.

    A. All virus are bacteria.

    B. All bacteria are virus.

    C. All virus are not bacteria.

    D. No conclusion

8. I am slow to _____.

     A. express my opinion

     B. express my viewing

9. In Shakespeare’s day ,---theater audience would often throw fruits and vegetables at actions who failed to live up to their expectations.
     A. doting
     B. ravenous
     C. jingoistic
     D. boisterous 

10. Who is known as ' Little Corporal '?
        A. Adolf Hitler
       B. Napolean Bonaparte

MODEL NOTES FOR JUDICIAL EXAM - 95

 1. Which of the following acts cannot be ratified?

      A. lawful or unlawful acts capable of being done by the agent

      B. where knowledge of facts to the ratifying person is defective

2. What is the punishment for "Voluntarily causing hurt by dangerous weapons or means" under Sec. 324 IPC?
    Ans: Imprisonment of either description for a term which may extend to three years, or with fine, or with both

3. Consider the following statements:

    I. The President nominates twelve members of the Rajya Sabha on the advice of the Council of Ministers.

    II. The President has absolute power to appoint and remove the Chairman and members of statutory bodies at his discretion.

   Which of the statements given above is/are correct?

   A. Only I
   B. Only II

4. What is the punishment for "Voluntarily causing hurt on grave and sudden provocation" under Sec. 334 IPC?
   Ans: Imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both

5. When one person signifies to another his willingness to do or to abstain from doing any thing with a view to obtaining the assent of that other person to such act or abstinence he is said to make a
    A. Proposal
    B. Promise

6. Appropriate legislature is empowered to frame service rules under _ of Constitution of India
    A. Art. 309
    B. Art. 307

 7. A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. Which of the following is correct?
    A. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.

    B. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is not relevant

8. A is accused of defaming B by publishing an imputation intended to harm the reputation of B. Which of the following is correct?

   A. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A's intention to harm B's reputation by the particular publication in question.

  B. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.
   C. Both

9. A is charged with shooting at B with intent to kill him. In order to show A's intent the fact of A's having previously shot at B may be proved. True/False
    Ans: True

10. The question is whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts. True/False
       Ans: True

    

MODEL NOTES FOR JUDICIAL EXAM - 93

1. During the recess of the Parliament, the President can promulgate Ordinances

    A.With the prior approval of Parliament

    B. With the consent of the Council of Ministers

    C. With the prior approval of Supreme Court of India

  D. On his own if he is satisfied that circumstances exist which render it necessary to take immediate action

2. A cuts down a tree on Z’s ground, with the intention of dis­honestly taking the tree out of Z’s possession without Z’s con­sent. What offence did A commit?
    Ans: Here, as soon as A has severed the tree in order to such taking, he has committed theft.(Illustration a, Sec. 378 IPC)

3. Assertion(A): Nothing is an offence which is done in the exercise of the right of private defence.
    Reason(R): Where the aid of the society cannot be obtained, individual may do everything necessary to protect himself. 
    Codes:
    a. Both A and R are true and R is the correct explanation of A 
    b. Both A and R are true but R is not the correct explanation of A

 4. The case law of Mobarik Ali v. The State of Bombay comes under which provision of IPC?
      Ans: Sec. 2

5. In relation to the expression defined in Sec. 3 of the Indian Evidence Act, 1872 which of the following statements is not correct?
    A. 'Fact' includes not only physical facts but also psychological facts

    B. Court includes arbitrators

6. The Law Commission of India in its 262nd Report has recommended that the death penalty may be abolished for all crimes other than
     A. Terrorism related offences
     B. Waging war against India
     C.  Both

7. A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes ___ when the act becomes impossible or unlawful.
    A. void
    B. voidable

8. Which one of the legal propositions is correct?
     A. It is necessary for a contract to be valid that the consideration should be adequate
     B. Inadequacy of consideration does not affect the validity of the agreement.

9. Parliament added Article 31a to the Indian Constitution by the
    A. 1st Constitutional Amendment of 1951
    B. 1st Constitutional Amendment of 1952

10. No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 
      A. two thousand rupees
      B. five thousand rupees

MODEL NOTES FOR JUDICIAL EXAM - 92

 1. Minimum number of persons required to commit an affray is –
     A. Five
     B. Two

2. Art. 371 B of the Indian Constitution provides for special provision with respect to
    A. Assam
    B. Arunachal Pradesh

3. The maxim "ubi jus ibi remedium" is related to the case/cases 
     A. Ashby vs White
     B. D.K. Basu v. State of West Bengal
     C. Both

4. In which case the Court of Exchequer explained the principle of res ipsa loquitur?
     A. Scott v. London & St. Katherine Docks. Co
     B. Derry v. Peak

5. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.
     A. Section 2(h) of Indian Contract Act, 1872
     B. Section 2(i) of Indian Contract Act, 1872

6. Under Indian Contract Act, 1872, which one of the following does not fall in the meaning of "Fraud"?
     A. the active concealment of a fact 
     B. the suggestion, as a fact, of that which is not true, by one who does not believe it to be true
     C. a promise made without any intention of performing it
     D. positive assertion of unwarranted statements

7. Non cognizable offence has been defined under 
    A. Sec. 2(l) of CrPC
    B. Sec. 2(c) of CrPC

 8. Under Article ___ of the Constitution of India, "There shall be a President of India"?
     Ans: Art. 52

9. The judgment in every trial in any Criminal Court or original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,---
    A. by delivering the whole of the judgment
    B. by reading out the whole of the judgment
  C. by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader
    D. All of the above

10. Sec. 91 of CrPC does not apply to
      A. the complainant
      B. the accused 

MODEL NOTES FOR JUDICIAL EXAM - 91

 1. A and B contract that A shall deliver goods to B to be paid for by B on delivery. Does A need to deliver the goods, even if B is not ready to pay for the goods on delivery?
    Ans: A need not deliver the goods, unless B is ready to pay for the goods on delivery. 

2. A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the payment of the money. A's promise need not be performed until the security is given, for the nature of the transaction requires that A should have security before he delivers up his stock. True/False?
    Ans: True

3. The question "what is a proper time and place" is, in each particular case,
     A. a question of fact
     B. a question of law

4. A valuable consideration in the sense of law may consist either in some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. True/False
    Ans: True 

5. According to ____, "A promise without consideration is a gift; one made with consideration is a bargain."
   A. Salmond
   B. Holland

6. The opinion of the amicus curiae in Aruna Ramachandra shanbaug’s case was
     A. In favour of passive euthanasia provided the decision discontinue life support was taken by responsible medical practioners
        B. In favour of passive euthanasia provide the decision to discontinue life support was taken under the supervision of the higher judiciary 

7. Which Article of the Constitution of India deals with "Appointment of district judges"?
     Ans: Art. 233

8. In execution of a money decree for Rs. 1 lakh the detention of the judgement debtor in civil prison for three months may be ordered
        i. as one of the modes of enforcement subject to certain restrictions and condemn
        ii. if he willfully does not comply with direction to disclose by affidavit the particulars of his assets
        iii. both

9. In Carlill v Carbolic Smoke Ball Co. the definition of wagering agreement was given by 
     A. Justice Hawkins
     B. Justice Bowen

10. A makes a contract with B to buy B's horse if A survives C. This contract
      A. cannot be enforced by law unless and until C dies in A's lifetime.
      B. can be enforced by law unless and until C dies in A's lifetime.

MODEL NOTES FOR JUDICIAL EXAM - 90

 1. A and B are jointly tried for the murder of C. It is proved that A said "B and I murdered C". Is this statement relevant against B?

    A. The Court may consider the effect of this confession as against B

    B. Confession is of no use

2. Doctrine of Eclipse emanates directly from

    A. Article 13(1) of the Constitution of India

    B. Article 15(1) of the Constitution of India

3. The Supreme Court constituted Bhure Lal Committee to examine and report the low sulphur diesel as a clean fuel to be used by vehicles in one of the following case
     A. Research Foundation for Science ,Technology and Natural Resources Policy V. Union of India
     B. M.C. Mehta V. Union of India and others

4. A was Chief Minister at the relevant time and the Sugar Co-operatives had some of the grievances pending consideration before the Government. The pressure was brought about on the Sugar Co-operatives to make the donations with a promise that their grievances shall be considered. Does it amount to extortion under IPC?
   Ans: There was no evidence at all that the management of the Sugar Co-operatives had been put in any fear and the contributions had been paid in response to threats.

5. A gang of five dacoits, one of whom had a gun, raided the house of X. After looting, while they were running away with their booty, they shot down one villager. Are they liable for the murder?
    A. Yes
    B. No

6. The Government sold 100 bags of cement solely for the construction work to B, who after taking delivery of those bags delivered at the work site 60 bags and the remaining 40 bags he delivered to one T. He is
    A. not guilty of breach of trust
    B. guilty of breach of trust

7. A was holding a fair price shop. He was supplied by the State Government with certain quantity of wheat on payment of its price on condition that it was to be sold to residents of particular villages. But A sold the wheat to whomsoever he liked. He
     A. cannot be convicted of the offence of criminal breach of trust
     B. can be convicted of the offence of criminal breach of trust

8. Disobedience of law is not ordinarily a crime unless that act is declared as crime by some ______
     A. law
     B. method

9. A contract means an agreement
    A. Which is enforceable by law
    B. Which is not enforceable by law

10. Which of the following statements is false
      A. Law of contract is the whole law of obligations
      B. Certain contracts must be in writing

MODEL NOTES FOR JUDICIAL EXAM - 89

 1. B accepts As proposal by a letter sent by post. The communication of the acceptance is complete, as against A 

• when the letter is posted
• when the letter is received by A.

2. Which article of the Constitution of India lays down that the Supreme Court are binding on all the courts in India?

    Ans: Article 143

3. Arrange the following judgements of the Supreme Court on the issue of constitutionality of death penalty in chronological order:

    I. Rajendra Prasad vs. State of UP

    II. Machhi Singh vs. State of Rajasthan

    III. Jagmohan Singh vs State of UP

    IV. Bachan Singh vs. State of Punjab

          Choose the correct option:

   A. III, I, IV, II

   B. I, II, III, IV

 4. Indian Evidence Act, 1872 was enacted on the date of

      A. 6th October, 1860

      B. 15th March, 1872 

5. ‘Universal Declaration of Human Rights’ was adopted by the General Assembly of United Nations on

     A. 10th December, 1945

     B. 10th December, 1946

     C. 10th December, 1948

 6. The Criminal Law (Amendment) Act, 2013 came into force on

     A. 19th March, 2013

     B. 3rd February, 2013

7. "Decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made. True/False

     Ans: True

8. Personation at election is an offence under 

    A. Sec. 171D of IPC

    B. Sec. 171E of IPC

9. Y gives grave and sudden provocation to A. A, on this provo­cation, fires a pistol at Y, neither intending nor knowing him­self to be likely to kill Z, who is near him, but out of sight. A kills Z. Here 

      I. A has not committed murder, but merely culpable homicide

      II. A has committed murder

10. A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. A is guilty of

      A. murder

      B. culpable homicide not amounting to murder

MODEL NOTES FOR JUDICIAL EXAM - 88

1. Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, provided under which section of the Code of Criminal Procedure?

    Ans:  Sec. 155(4)

2. A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter.  What offence under the IPC was committed by A?

    Ans: Forgery

3. Agreement in restraint of trade, void, provided under which section of the Indian Contract Act?

    Ans:Sec. 27

4. cognizance of an offence shall be-

     A. six months, if the offence is punishable with fine only;

    B. one year, if the offence is punishable with imprisonment for a term not exceeding one year;

    C. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

    D. All of the above

5. Which of the following statement is not true with respect to adversary system?

   A. Framing of charge against the accused and withdrawing the case against the accused without consent of the court by the prosecution.

   B. Providing legal aid to the accused at the cost of State.

  C. Equal rights and opportunities to both parties to prove their case.

    D. Discover truth in fair means.

 6. A, while driving a car at a high speed in a crowded road knocked down a cyclist. The cyclist died on the spot with lot of blood spilling around. K, a pregnant woman passing by, on seeing this, suffered from a nervous shock and suffered an abortion. K sued A for damages.

     A. A would be liable because he should have driven with

reasonable care and he owed a duty to every body on the road

including K.

   B. A would be liable for causing the death of the cyclist as well as causing the abortion suffered by K.

   C. A would be liable because he failed to drive carefully.

  D. A is not liable because he could not have foreseen K suffering from nervous shock as a result of his act. 

7. A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes 

   A. void

   B. voidable

8. When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. This acceptance of proposal becomes a ____ .

    Ans: promise

9. Promise + consideration becomes 

     Ans: Agreement

10. An agreement not enforceable by law is said to be 

      A. void

      B. voidable 

COMPETITIVE EXAM QUESTIONS PART 163

1. S and T can finish a work in 50 days. They worked together  for 20 days and then left. How much of the work is left?

    A. 2/5

    B. 3/5

2. What compound is present in the smell that we get when LPG cylinder leaks?

    Ans: Sulphur compound

3. Who is the founder of Haryanka Dynasty?

    A. Ajatashatru

    B. Harshvardhan

    C. Bimbisara

4. What is a URL?

     A. a computer software program

     B. a type of programming object

    C. the address of a document or "page" on the World Wide Web

5. VIRUS stands for

    A. Very Important Record User Searched

  B. Verify Interchanged Result Until Source

 C. Vital Information Resource Under Siege

6. Who wrote the book, "War and Peace"?

     Ans: Leo Tolstoy

7. Who was the first chief justice of India?

     Ans: Sir H.J Kania

8. If the cost price of 50 oranges is equal to the selling price of 40 oranges, then what is the profit per cent ?

     Sol: 25%

9. Who is appointed as the personal secretary to the President of India?

     Ans: P Praven Siddharth

10. Two statements are given followed by three conclusions numbered I, II and III. Assuming the statements to be true even if they seem to be at variance with commonly known facts, decide which of the conclusions logically follow(s) from the statements.

Statements :

No crow is a bird.

All birds are animals.

Conclusions:

I. Some animals are crows.

II. Some animals are birds.

Ill. No animal is a crow

    A. Conclusion II and either conclusion I or III follows

    B. None of the conclusions follows

MODEL NOTES FOR JUDICIAL EXAM - 87

1. Article 15(5) of the Constitution of India was inserted by the 

    Ans: 93rd Amendment Act of the Constitution of India

2. A gives B a receipt for money paid by B. Oral evidence is offered to prove the non- payment

   A. The evidence is admissible

   B. The evidence is not admissible

3. Who is the present chief election Commissioner of India?

    Ans: Mr. Sunil Arora 

4. Evidence may be given of 

     A. fact in issue

     B. relevant facts

     C. Both

5. Order 42 of the Code of Civil Procedure deals with

    Ans: Appeal from Appellate Decrees

6. A entrusted his car to B for plying it as taxi. B employed C as a cleaner. B gave the taxi to C for taking a driving test and to obtain a driving licence. C while giving the driving test seriously injured D. D files a case against A , the owner of the car.

   Ans: A is not liable

7. In contract of sale and purchase of goods the measure of damages will be

   Ans: the difference between the price agreed upon and the market price

8. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a

    Ans: proposal under section 2(a) of Indian Contract Act

9. Offer and acceptance together amount to 

    Ans: Promise

10. Promise and consideration together amount to

     Ans: Agreement

MODEL NOTES FOR JUDICIAL EXAM - 86

1. What is the strength of the Rajya Sabha?

    Ans: 245

2. What kind of agreement can be presumed by the court under section 85-A of the Indian Evidence Act, 1872:-

    A. Oral agreement

    B. Electronic agreement

3.Coercion under Section 15 of the Indian Contract Act, is the 

    A. committing or threatening to commit, any act forbidden by the Indian Penal Code 

    B. the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever with the intention of causing any person to enter into an agreement.

   C. Both

4. Treatment of the victim has been incorporated under Code of Criminal Procedure 1973 by the Criminal Law (Amendment) Act, 2013, under:-

       A. Section 357 B

       B. Section 357 C

5. Which former Judge of the Supreme Court made the statement, "I believe in Operation Valmiki because every saint has a past and every sinner has a future"?

     And: Justice VR Krishna Iyer

6. Which of the following is a part of the electoral college  for the election of the President of India?

    A. Nominated Anglo-Indian member of Lok Sabha

  B. Elected members of the Legislative Assemblies in the States 

7. One of following amendments of the Constitution does not require ratification by the States 

     A. Election of the President of India

   B. Amendments contemplated in Articles 5 and 239A

8. When a man advertises that he has stock of books to sell, he is making

       A. an invitation to offer

       B. an offer

9. Questions to be determined by the Court executing decree relates to

      A. Execution, discharge or satisfaction of the decree

       B.  Relating to execution alone

10. A by instigation voluntarily causes B, a person under 18 years of age to commit suicide. A has committed 

       A. Abetment to murder

       B. No offence

MODEL NOTES FOR JUDICIAL EXAM - 85

1. Reservation in promotions with consequential seniority in favour of Scheduled Castes and Scheduled Tribes is facilitated by: 

  A. Art. 16 (4A) of the Constitution of India

    B. Art. 16(3) of the Constitution of India

2. Article 352 of the Constitution of India relates to proclamation of emergency. After amendment of this provision, the grounds available to the President for proclaiming emergency are "war, external aggression or armed rebellion". Prior to the 44th Amendment Act, 1978 when could emergency under this provision be declared?

    Ans: War, external aggression or internal disturbance

3. The "harm principle" by J.S. Mill has been discussed in which landmark judgement on constitutional question?

   Ans: Navtej Singh Johar and Ors. vs. Union of India

4. The Supreme Court of India declared Sec. 66A of the Information Technology Act as unconstitutional in which case?

    Ans: Shreya Singhal Vs Union of India

5. Article 51-A on Fundamental Duties was inserted into the Constitution of India through the

     Ans:  42nd Constitution (Amendment) Act , 1976

6. How many languages are included in the eighth schedule of the Constitution of India?

    Ans: 22

7. Search warrant for persons wrongfully confined may be issued by whom under the CrPC?

     And: District Magistrate, Sub-divisional Magistrate or Magistrate of the first class

8. "Best evidence rule" is related to :

     A. Evidence shall be given in proof of terms of a document by the document itself.

    B. Presumption of document not produced after notice to produce that the document was attested stamped and executed as per Law.

9. Which one of the following statements is correct in respect of state power of reservation in admissions to educational institutions?

    A. caste can be the sole criterion

  B. Both caste and poverty are relevant criteria

 10. A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. 

   A. The judgment against B is irrelevant as against C as per the Indian Evidence Act.

    B. The judgment against B is relevant as against C as per the Indian Evidence Act

    

  

MODEL NOTES FOR JUDICIAL EXAM - 84

1. As per section 2(b) of CrPC Charge includes

  A. any head of charge when the charge contains more heads than one

     B. head of charge

 2. “Bailable offence”

       A. defined under Sec. 2 (a) of the Code of Criminal Procedure

       B. an offence which is shown as bailable in the First Schedule

      C. which is made bailable by any other law for the time being in force

       D. All of the above

3. “Cognizable case” 

     A. means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant

      B. Sec. 2(c) of CrPC

      C. Both

4. Who makes rules to determine the conditions of service and tenure of office of the Election Commissioners?

        A. President subject to the law made by the Parliament

        B. President subject to the law made by Lok Sabha

5. A universal donee gets

    A. Donor's property and his/her liabilities in respect of all the debts due

      B. The ownership of whole property

6. M. Karunanidhi vs. Union of India deals with 

    A. Doctrine of repugnancy

 B. Doctrine of pith and substance 

7. "Time is the essence of contract", provided under which section of Indian Contract Act, 1872 ?

      Ans: Sec. 55

8. A High Court or a Court of Session has special powers under Section 439 of CrPC regarding bail may direct

   A. That any person accused of an offence and in custody be released on bail and if the offence is of the nature specified in sub-section (3) of Sec. 437 CrPC, may impose any condition necessary for the purpose mentioned in that sub-section.

     B. Such other condition as may be imposed if bail were granted

9. A fact forming part of the same transaction is relevant under section 6 of the Indian Evidence Act, 1872

  A. If it is in issue and have occurred at the same time and place

   B. If it is in issue and may have occurred at 

the same time and place

  C.Though not in issue and may have occurred at the same time and place, or at different times and places

 10. Confession of  an accused is admissible against co-accused 

  A. If they are tried jointly for the same offences

  B. If they are tried jointly for different offences

MODEL NOTES FOR JUDICIAL EXAM - 82

1. Mere quarreling is 

    A. enough to attract an offence of affray under Section 159 IPC

  B. not enough to attract an offence of affray under Section 159 IPC

2. Which case pertains to the constitutionality of section 377, IPC?

     Ans: Navtej Singh Joharvs. Union of India, AIR 2018 SC 4321

3. Which of the following is not mentioned in Directive Principles of State Policy under the Constitution of India ? 

    A. Right to adequate means of livelihood 

  B. Right to equal pay for equal work 

 C. Promotion of international peace and secutity 

 D. Free and compulsory education for children upto fourteen years of age

4. As per Evidence Act,1872, examination after the cross examination of a witness by the party who called him is called?

     Ans: Re-examination

5. A guarantee which extends to a series of transactions, is called a "continuing guarantee", provided under which Section of the Indian Contract Act?

    Ans: Section 129

6. An agreement with intention to create legal liability is not enforceable by law. True/False

     Ans: False

7. In A.K. Gopalan vs. State of Madras the Supreme Court held the expression "Procedure established by law" in Article 21 of the Constitution means any procedure prescribed by law irrespective of its reasonableness or otherwise. This decision belongs to the School of 

    A. Positivist approach

    B. Sociological approach

8. For election to the Lok Sabha, a nomination paper can be filed by

     A. anyone residing in India.

    B. a resident of the constituency from which the election is to be contested.

    C. any citizen of India whose name appears in the electoral roll of a constituency.

9. The Supreme Court has said that FIR in respect of heinous and serious offences cannot be quashed solely on the ground that the dispute was settled amicably between the parties. Which of the following were included in the list of "heinous and serious offences" ?

     I. Offences under the Prevention of Corruption Act

     II. Some offences under Arms Act.

     III. Rape

     IV. Offences by public servants in their official capacity

     V. All of the above

10. Match the following:

       

List I

       a. Contracts of utmost good faith

       b. Agreement where object is uncertain

       c. Contracts opposed to public policy

       d. Intention create legal obligation

        List II
        i. Agreements hostile to friendly States

        ii. Essential element for valid contract

        iii. Contract of insurance

        iv. Void and unenforceable

A. a-iii, b-iv, c-i, d-ii

       B. a-i, b-ii, c-iii, d-iv