Assam Judicial Services Prelims Mock Test - 2 - Judiciary Exams MCQ

Thwart means to prevent (someone) from accomplishing something
On her way she meets a cast of New York characters who try to thwart her dreams
This country started by printing worthless currency to thwart the gold standard

In the given context we are talking about the way in which he convinced his parents for the school trip and since he did it very quickly, it is evident that it was a very easy thing to do by his standard.

A Stalking horse: Pretence 
A slap on the wrist: A very mild punishment 
A piece of cake: Something that is very easy to achieve 
A toss-up: An uncertain result that can go either way 
Among the given options, it is clear that option C is correct in the given context as it expresses the actual meaning of the given context.
This makes option C the correct choice among the given options.

While the Congress was ready to cooperate with the League for the independence of the Indian Union, the League did not care for the independence of the Union. It was only interesting in a separate nation. Hindu leaders led by Vir Savarkar condemned the CR Plan

The correct answer is 1606.Key Points

• Akal Takht: Amritsar, Punjab.
• Akal Takht is considered supreme among the five.
• It is the oldest of the takhts.
• It was set up in 1606 by Guru Hargobind.
• It houses the Guru Granth Sahib.

Additional Information

• Akal Takht refers to the primary seat of Sikh religious authority and central altar for Sikh political assembly.
• The Sikhs recognize four other holy places as Takhts, namely:
  • Takht Sri Kesgarh Sahib, Anandpur.
  • Akht Sri Harimandar Sahib, Patna.
  • Takht Sackhand Hazur Sahib, Nanded.
  • Takht Sri Damdama Sahib, Talvandi Sabo.

The logic followed is:

It is given that Rajat has 64% marks in 10th, an age of 27 years, and work experience of 5 years.

It is clearly mentioned in the criteria that 10th marks should be greater than 60% for job Quality check Engineer and greater than 65% for job Software Engineer.

Rajat got 64% marks in 10th and has work experience of 5 years.

Therefore, Rajat qualifies for the job of Quality check Engineer.

Hence, the correct answer is "Quality check Engineer".

Checking Statement I:

Using the above references, we get the following arrangement:

Clearly, D was born in July.

Hence data in statement I is sufficient to answer the question.

Checking Statement II:

Using the above references, we get the following arrangement:

Clearly, D was born in July.

Hence data in statement II is sufficient to answer the question.

Here, the data in either Statement I or II alone is sufficient to answer the question.

Hence, Option C is correct.

Option (1) is incorrect: Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai.
Option (2) is incorrect:Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai.
Option (3) is correct: Under section 19 of the Code of Civil Procedure, where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides or carries on business or personally works for gain within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of the said courts.

Section 188 of the Code of Criminal Procedure states that when an offence is committed outside India by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. Thus, option 1 is correct.
Section 182 of the Code of Criminal Procedure deals with the offence committed by letters.
Section 186 states, High Court to decide, in case of doubt, district where inquiry or trial shall take place.

Joint tortfeasors are those persons who cause the same damage in furtherance of a common design. Joint tortfeasors are those who have mentally combined together for the same purpose. To be considered joint tortfeasors, the parties must act together in committing the wrong, or their acts, if independent of each other, must unite in causing a single injury.

Option (1) is incorrect: Assault is when a person makes any gesture, or any preparation intending that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person.
Option (2) is incorrect: Mischief is when a person knowing that he is likely to cause, wrongful loss or damage to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously.
Option (3) is incorrect: It is not an offence of any type.
Option (4) is correct: Criminal force is when a person intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or to cause, injury, fear or annoyance to the person to whom the force is used.

Part IV-A was added to the Constitution of India by Forty-second Amendment, in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government. Part IV-A provides for the fundamental duties of the citizen.

Section 26 of Indian Evidence Act provides that no confession made by an accused to any person while in custody of a police officer shall be proved against him unless it is made in the immediate presence of a Magistrate. Thus, the section is intended to prevent of coercive method of extorting confession.

The correct answer is Option 1

Key Points
 According to Article 110 of the Indian Limitation Act, the limitation period for a suit to enforce a right to share in joint family property is 12 years from the date when the right accrues.

Time from which period begins to run is  When the exclusion becomes known to the plaintiff.

According to Section 65A of the Indian Evidence Act, special provision is mentioned regarding evidence relating to electronic record and it states that the contents of electronic records may be proved in accordance with the provisions of Section 65B.

According to Section 3(1)(c) of Hindu Succession Act 1956, a person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males.

An offence of kidnapping may be tried at any place out of Bhopal, Indore and Mumbai.
A charge of wrongfully concealing a person known to have been kidnapped may be inquired into or tried by the court within the local limits of whose jurisdiction the wrongful concealing, or by the court within the local limits of whose jurisdiction the kidnapping, took place. Thus, option 4 is the correct answer.

Section 13 reads as follows.
In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded and court may, on payment of court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if court-fees had been paid in the first instance.

According to Section 14 of the Indian Evidence Act, facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. A is tried for the murder of B by intentionally shooting him dead. Therefore, the fact that A, on other occasions, shot at B is relevant as it shows his intention to shoot B.

Direct Evidence: Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of questioning. Evidence that, if believed, proves existence of the fact in issue without inference or presumption. The means of proof which tend to show the existence of a fact in question, without the intervention of the proof of any other fact.

Necessity Rule as to admissibility of evidence is provided in Section 32 of the Indian Evidence Act, 1872. Necessity rule as to admissibility of evidence is applicable when the maker of a statement
1. is dead or has become incapable of giving evidence
2. is a person who can be found but his attendance cannot be procured without unreasonable delay or expenses
3. is a person who cannot be found

Some hearsay statements may still be admitted in court, but only if the person who made the original statement cannot testify for some reason. If that person can testify, he must do so, or the statement cannot be used in court. These exceptions include dying declarations. Dying declaration means a written or verbal statement of relevant facts made by the person who is about to die or is dead. It is the statement of a person who knew the cause of his death or the circumstances of his death. Many courts will not accept these statements in criminal cases, but may still allow them in civil cases.

As per section 81 of the act, there is no admissibility of proceedings as evidence in other judicial proceedings. It says that, "The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings."

Option (1) is incorrect: It is not a right in rem.
Option (2) is correct: Obligation under Specific Relief Act is a right in person
parties of suit.
Option (3) is incorrect: Only (2)
Option (4) is incorrect: Only (2)

Parliament has enacted Section 80-A of the Representation of the People Act, 1951 providing that the "High Court" shall be the authority for presentment of election petitions under Article 329(b) of the Constitution. This was incorporated by an amendment in the year 1966 (Act 47 of 1966). Prior to this amendment, election petitions were presented to the Election Commission, which would constitute one-member Election Tribunals of the rank of District Judge, on an ad hoc basis for the trial of election petitions. Chapters II and III of Part VI of the Representation of the People Act, 1951, lay down the procedure to be followed for the adjudication of election petitions. Various High Courts have framed rules for the trial of election petitions pursuant to being designated, by Section 80-A of the Representation of the People Act, 1951, as the authority for hearing election petitions.