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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Bihar Judicial Services Mock Test Series 2024  >  Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Judiciary Exams MCQ

Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Judiciary Exams MCQ


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30 Questions MCQ Test Bihar Judicial Services Mock Test Series 2024 - Bihar Judicial Services (Prelims Paper - II) Mock - 3

Bihar Judicial Services (Prelims Paper - II) Mock - 3 for Judiciary Exams 2024 is part of Bihar Judicial Services Mock Test Series 2024 preparation. The Bihar Judicial Services (Prelims Paper - II) Mock - 3 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Bihar Judicial Services (Prelims Paper - II) Mock - 3 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Bihar Judicial Services (Prelims Paper - II) Mock - 3 below.
Solutions of Bihar Judicial Services (Prelims Paper - II) Mock - 3 questions in English are available as part of our Bihar Judicial Services Mock Test Series 2024 for Judiciary Exams & Bihar Judicial Services (Prelims Paper - II) Mock - 3 solutions in Hindi for Bihar Judicial Services Mock Test Series 2024 course. Download more important topics, notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Attempt Bihar Judicial Services (Prelims Paper - II) Mock - 3 | 150 questions in 120 minutes | Mock test for Judiciary Exams preparation | Free important questions MCQ to study Bihar Judicial Services Mock Test Series 2024 for Judiciary Exams Exam | Download free PDF with solutions
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 1
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Law relating to marriages among Hindus has been codified under the

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 1
Law relating to marriages among Hindus has been codified under the Hindu Marriage Act, 1955. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issues.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 2
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Confession becomes irrelevant if it is made

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 2
Section 25 of the Indian Evidence Act, 1872, deals with the confession to police officer not to be proved. It says that no confession made to a police officer shall be proved as against a person accused of any offence.
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Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 3
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An arbitrator

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 3
An arbitrator may be of any nationality unless otherwise agreed by the parties. Moreover, an arbitrator is an independent person or body officially appointed to settle a dispute. Nationality, generally, is not an issue if the parties have agreed to appoint an arbitrator of the same nationality as that of one of the parties, but it has a different impact when national court acts as the appointing authority.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 4
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By which of the following Amendment Acts of 1985 were the provisions as to disqualification on ground of defection added to the Constitution?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 4
The provisions as to disqualification on ground of defection were added to the Constitution by 52nd Amendment. Anti-Defection Law provides disqualification of members from the Parliament and assembly in case of defection from one party to other. However, part of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 5
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The nature of marriage of an impotent person is
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 5
According to the Hindu Marriage Act:
Voidable marriages are those which are void at the option of the aggrieved party. Such marriages can be annulled by a decree of nullity on any of the following grounds :-
  • The marriage has not been consummated, owing to the impotence of the respondent.
  • The marriage has been performed with a person of unsound mind, having a mental disorder, or suffering from recurrent attacks of epilepsy.
  • The consent of the petitioner or its guardian was obtained by force or by fraud, as to the nature of the ceremony, or as to any material fact or circumstances concerning the respondent.
To succeed on this ground, it is necessary that the petition must be presented in the court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud has been discovered, the petitioner has not, with consent, lived with the other side.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 6
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Which provision of the Hindu Succession Act, 1956, disqualifies a Hindu from inheriting property of the person whose murder he is convicted of?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 6
According to the section 25 of the said act, a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. Thus, section 25 of the Hindu Succession Act, 1956, disqualifies a Hindu from inheriting property of the person whose murder he is convicted of.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 7
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Trust is the very centre and kernel of Equity" is said by_____________
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 7
Francis Bacon was an English philosopher and statesman, who served as Attorney General and as Lord Chancellor of England. His works are credited with developing the scientific method, and remained influential through the scientific revolution. He once said that 'Trust is the very cen­tre and kernel of Equity'.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 8
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The parties to the contract alone can enforce the contract, identity the relevant doctrine to it.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 8
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 9
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Which of the following is/are the implied condition(s) under the Sale of Goods Act?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 9

The following sections of the Sale of Goods Act provide provisions relating to the implied conditions.
Section 14: Implied undertaking as to title, etc:
(a) An implied warranty that the buyer shall have and enjoy quiet possession of the goods
(b) An implied warranty that the goods shall be free from any charge or encumbrance
Section 15: Sale by description:
Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.
Thus, all of the above are evident from these sections.

Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 10
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Choose the wrong statement.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 10
The Negotiable Instruments Act is silent on the provision of crossing cheques. However, the prevailing practice is that the drawer of the cheque crosses it at the time of issuing it. Crossing of a cheque is considered to be a material part of a cheque, and it cannot be altered by any person except under Section 125 in the following cases:
Uncrossed into crossed cheques: If the drawer omits to cross a cheque, it is possible for the holder to cross an open cheque.
General crossing into special crossing: The holder has a right to make a change in the general crossing of a cheque and make it special crossing. He can also add the words 'not negotiable' to either general or specially crossed cheques.
Banker can cross cheques: The banker has a right to cross an open cheque. He can also make a generally crossed cheque into a specially crossed one. He can cross the cheque specially in favour of himself or cross it specially in favour of another banker to whom he may a send the cheque for collection.
The act, however, does not permit the conversion of a special crossing into general crossing. It also does not allow any material changes on the cheque.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 11
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Which of the following made the Indian Legislature bicameral?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 11
By the Government of India Act, 1919 ,the Indian Legislature became bicameral. The lower house was the Legislative Assembly, with 145 members serving three year terms (the model for today's Lok Sabha); the upper house was the Council of States with 60 members serving five year terms (the model for today's Rajya Sabha).
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 12
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The 93rd Amendment of the Constitution carried out in 2005 deals with
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 12
The Constitution (Ninety-third Amendment) Act, 2005, inserted clause (5) in Article 15 as:
'(5) Nothing in this Article or in sub-clause (g) of clause (1) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.'
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 13
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Punishment for violation of condition as to age as provided under Section 5(III) of the Hindu Marriage Act, 1956, has been provided under which of the following sections of the Hindu Marriage Act, 1956?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 13
As per section 18(a) of the Hindu Marriage Act, 1955, in the case of a contravention of the condition specified in clause (iii) of section 5, the punishment may extend to 15 days of simple imprisonment or with fine which may extend to one thousand rupees, or with both.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 14
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A Hindu father-in-law is bound to maintain widow daughter-in-law if
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 14
Section 19 (1) of the Hindu Adoptions and Maintenance Act, 1956 provides that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law, provided and to the extent that she is unable to maintain herself out of her own earnings or other property or where she has no property of her own, is unable to obtain maintenance- (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 15
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If the buyer fails to pay the balance sale consideration after a decree for specific performance of agreement for sale is passed,
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 15
Section 28 of Specific Relief Act, 1963 states that:
Where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 16
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A sum fixed beforehand as amount of compensation payable in the event of breach of contract is called
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 16
A sum fixed beforehand as amount of compensation payable in the event of breach of contract may be liquidated damage or penalty also.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 17
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Which of the following can be described as malicious prosecution?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 17
Malicious prosecution means a criminal case brought against a person with a view to harass him. The complainant was aware that the allegations that he/she made against the accused were entirely false.
Malicious prosecution is the malicious institution of unsuccessful criminal proceeding which includes bankruptcy, liquidation or bankruptcy proceedings against another without reasonable or probable cause. Criminal proceeding is a wider term and includes within its ambit various offences.
Thus, option 1 is correct.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 18
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The Sale of Goods Act, 1930 came into force on
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 18
Section 1(3) of the Sale of Goods Act, 1930 came into force on the 1st July, 1930.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 19
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The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in the case of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 19
The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in S.N. Mukherjee v. Union of India. This reduces the chances of arbitrariness on the part of the authority, as the reasons recorded by him are subject to judicial scrutiny by the higher courts or authorities.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 20
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The principle of ''presumption of survivorship'' has been incorporated in the Indian Evidence Act, 1872 under:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 20
The presumption provided under Section 107 of the Evidence Act is a 'shall' presumption, i.e. the burden now lies on the other party to rebut this presumption. As per Section 107 of the evidence act, when the question is; whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead, is on the person who affirms it. Here there is ''presumption of survivorship''.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 21
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Identify the correct statement.

A voidable contract is an agreement which is:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 21
An agreement enforceable by law is a contract. As per the interpretations given under Section 2 Clause (i) of the Contract Act, an agreement which is enforceable by law at the option of one or more of the parties, but not at the option of the other or others, is a voidable contract.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 22
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When a Muslim wife can relinquish her 'Mahr'?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 22
Mahr' is a sum of money or other property to be paid or delivered to the wife. It is either specified or unspecified but in both cases, the law confers a mandatory right of Mahr or Dower on wife. The Mahr (Dower) belongs to wife and she can deal with it in the manner she likes it and neither her husband nor husband's relations or even her relations can dictate her in matter of using the Mahr money or property. A muslim girl who has attained puberty is competent to relinquish her Mahr although she may not have attained majority (18 years as per Indian Majority Act).
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 23
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Res judicata' is not applicable
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 23
The doctrine of res judicata does not apply in case a writ petition under Article 32 of the Constitution filed before the Court after disposal of a habeas corpus writ petition under Article 226 of the Constitution by the High Court. This so because while issuing a writ of habeas corpus, the case is not heard on merits, which is the basic requirement to apply the principle of res judicata.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 24
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The provisions regarding 'summary suits' are provided in:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 24
Order 37 of Code of Civil Procedure provides the 'summary procedure' for expeditious disposal of the cases. The benefit of this order is subjected to the arrangement that the defendant stands no substantial defence to make his case, entitling the plaintiff to judgement immediately.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 25
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Neal' causes the cattle to enter upon the field belonging to 'Zyan', intending to cause damage to Zyan's crops. 'Neal' committed the offence of:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 25

The offence of mischief is against either the public or a private person's property. This offence has been defined under Section 425 of the IPC. When one, with intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property thereof and destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 26
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Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 26
Section 22 of Specific relief Act provides that, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
(a) possession, or partition and separate possession, of the property, in addition to such performance; or
(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused.
Both options (1) and (2) are correct.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 27
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Which of the following is/are held to be question(s) of fact and not of law?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 27
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts.
All the mentioned cases are held to be questions of fact and not of law as they can be proved by adducing evidence and facts in a case.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 28
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Under which Section of the Hindu Marriage Act, 1955 has the provision been made for permanent alimony and maintenance?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 28
Section 25 of the Hindu Marriage Act deals with permanent alimony which a court can grant after the divorce has been granted.
It provides that any court, at the time of passing any decree of divorce, on application made to it for the purpose by either the wife or the husband, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as having regard to the respondent's own income and other property.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 29
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According to Section 97 of the Cr.P.C., who is not competent to issue a search warrant?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 29
Section 97 of CrPC deals with the issue of search warrants for persons wrongfully confined.
This Section empowers a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, who has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant and the person to whom such warrant is directed may search for the person so confined. Therefore, the Court of Session has no such powers under the said Section.
Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 30
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Which Section of the Specific Relief Act, 1963 provides that 'specific relief is to be granted only for enforcing civil rights and not for enforcing penal laws'?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 3 - Question 30
Section 4 of the Specific Relief Act, 1963 provides that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
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