Haryana Judicial Services Prelims Mock Test - 1 - Judiciary Exams MCQ

In the case of Jaidev v. State of Punjab, it was held that in exercising the right of private defence, the force which a person defending himself or his property isentitled to use must not be unduly disproportionate to the injury which is tobe averted or which isreasonably apprehended and shouldnot exceed its legitimate purpose.

Order VI, Rule 17 provides for the Amendment of Pleadings. It states that, the court may, at any stage of the proceedings, allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Section 41 of the Specific Relief Act, provides various cases when an injunction order can be refused. As per clause (g), an injunction cannot be granted to prevent a continuing breach in which the plaintiff has acquiesced.

Section 13(1)(i)(ib) of the Hindu Marriage Act, 1955 provides that any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

Directive Principles of State Policy (DPSP) are mentioned in Part 4 of the Indian Constitution from Article 36 to 51. DPSPs were taken from the Constitution of the Ireland. B. R. Ambedkar described these principles as 'novel features' of the Constitution.

According to Section 30 of the Partnership Act, a minor can opt to become the partner of the firm by giving a public notice but if he remains silent and fails to give such notice, there is a presumption that he wants to be a partner and on the expiry of the said 6 months, he shall become a partner in the firm.

Section 25 in the Indian Partnership Act, 1932 provides that every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

The Supreme Court of India came into being on January 28, 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system. The first proceedings and inauguration took place on January 28, 1950 at 9:45 a.m., when the judges took their seats.

Banaras Hindu University was founded by Madan Mohan Malaviya. Banaras Hindu University was established in 1916 by Indian educationist and political leader Madan Mohan Malaviya, with the help of Congress leader Annie Besant.
Pandit Malaviya had announced his intent to establish a university in Varanasi as early as 1905.

Article 217(3) in the Constitution of India, 1949, provides that if any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.

Section 20 of the Indian Evidence Act provides that statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
The question is whether a horse sold by A to B is sound. A says to B, "Go and ask C. C knows all about it." C's statement is an admission.

As per Section 178 of IPC, whoever refuses to bind himself by an oath [or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment.
As per Section 341, whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month.
However, punishment for the disobedience to an order duly promulgated by a public servant can be either simple or rigorous.
Therefore, both 2 and 3 are correct.

Muslim Law in India means that portion of Islamic civil law which is applied to Muslims as a personal law. Muslim law is the body of law which is derived from the Quran and other recorded saying of the Muslims prophet Muhammad. However, Islamic law talked about man's duties rather than his rights.
Primary sources are those on which Muslim law relies. These sources are the foundation of Muslim law.

Primary sources of Muslim law are:

• Quran
• Sunnat
• Ijma
• Qiyas

The secondary sources of Muslim law are:

• Urf or Custom
• Judicial decision
• Legislation
• Equity, Justice & Good conscience

Explanation IV to Section 11 of the CPC deals with Constructive res judicata which sets to bar any claims being raised in a later proceeding if the claim should/ought to have been raised and decided in an earlier proceeding. The doctrine seeks to prevent the determination of claims which failed to be brought at the appropriate time in earlier proceedings.

Caveat emptor is a Latin term that means "let the buyer beware". Similar to the phrase "sold as is", this term means that the buyer assumes the risk that a product may fail to meet expectations or have defects. But Section 26 in the Sale of Goods Act, 1930 provides that unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not provided that, where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault also that nothing in this section shall affect the duties or liabilities of either seller or buyer as bailee of the goods of the other party.

Section 7 of the Registration Act provides that the State Government shall establish in every District an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.

As per Section 16(3)(c) in the Indian Contract Act, 1872, it lies on Y to prove that the contract was not induced by undue influence as it is provided that X, being in debt to Y, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable.

Section 133 of the Indian Evidence Act, 1872, deals with the 'Accomplice Witness'. It says that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

The Supreme Court reviewed the provisions of Order V, Rule 1(1), and Order VIII, Rules 1 and 10 of the CPC, as amended by the Act, and held that under the aforesaid provisions, a party is granted 30 days' time to file its written statement and a grace period of 90 days is provided, wherein a court can, after recording the reasons for delay in filing and after imposing costs, allow a written statement to be taken on record. However, if the written statement is filed after 120 days from the receipt of summons, the defendant will be considered to have forfeited its right to file its written statement and the court will have no power to take the same on record in light of the amended provisions laid down in Order VIII, Rule 10 of the CPC for commercial disputes.

Misjoinder of parties means a joinder of a party who ought not to have been joined either as a plaintiff or as a defendant. In other words, it refers to impleading an unnecessary party.
Non-joinder refers to a situation when a party who ought to have been impleaded according to the law is not impleaded. As opposed to presence of the wrong party, it refers to absence of a party. In case of non-joinder of necessary parties, the suit may be dismissed, but this is not so in case of misjoinder. When an objection as to non-joinder or misjoinder of parties is upheld by the court, the court may deal with matter in controversy and may allow the amendment of plaint. Therefore, both (I) and (III) are correct.

Application for anticipatory bail may be made before Session Court and High Court under Section 438 of the Code of Criminal Procedure.
Chief Judicial Magistrate can only grant regular bail in a trial procedure. Thus, option (1) is incorrect and option (4) is correct.

Constitution Bench of Supreme Court, in Judgment 'Hardeep Singh v. State of Punjab', decided on 10.01.2014, settled controversy regarding law contained in Section 319 of Code of Criminal Procedure, 1973, which provides that:
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under Sub-Section (1), then-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognisance of the offence upon which the inquiry or trial was commenced.

Raju is liable for death as per Section 304A of IPC which relates to death caused by negligence. It is duty of wrongdoer to protect others from their act. This section provides that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished.

The provisions regarding the return of plaint are provided under Order & Rule 10, 10A, 10B of CPC. The court, if it found that, it does not have jurisdiction in the suit, it can return by an order that the plaint to be presented in the proper court. The defect of jurisdiction can be of territorial, pecuniary or subject matter.

As per Section 45 of the Indian Penal Code, the word 'life' denotes the life of a human being, unless the contrary appears from the context.

A puts his hand in the pocket of B for stealing money, but the pocket was empty. A is guilty of attempt to theft under Section 511 of the Indian Penal Code.
A could not take out the money from B's pocket, so theft is not complete. Thus, option (1) is incorrect and (3) is correct.

Section 293 in the Indian Penal Code provides that whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or at­tempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.

As per Section 111 IPC, when an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it, provided the act done was a probable consequence of the abetment, and was committed under the influence of the instiga­tion, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Review of judgment is the substantive power of review by the court mentioned in Section 114 of CPC. This section doesn't provide any limitations and conditions for review. The limitations and conditions are provided in Order 47 of the Civil Procedure Code. As per Section 114 of CPC, any person considering himself aggrieved-
-By a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred
-By a decree or order from which no appeal is allowed by this Code
-By a decision on a reference from a Court of Small Causes
may apply for a review of judgment to the Court which passes the decree or made the order, and the Court may make such order thereon as it thinks fit.

Top Australian all-rounder Shane Watson announced his retirement from competitive cricket following his team Chennai Super Kings' exit from the Indian Premier League in 2020.
He retired from international cricket in 2016 and bade adieu to the Australian Big Bash league in 2019.
Watson played 59 Tests, 190 ODIs and 58 T20Is at the international level.