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


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30 Questions MCQ Test - Haryana Judicial Services Prelims Mock Test - 2

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Haryana Judicial Services Prelims Mock Test - 2 - Question 1

Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 1
Readiness, under the laws of Specific Relief Act, means the ability and the intentions to perform the promise as promised including financial capacity.
Haryana Judicial Services Prelims Mock Test - 2 - Question 2

When consent to an agreement is caused by misrepresentation under Indian Contract Act, 1872, the agreement is:

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 2
Section 19 in the Indian Contract Act, 1872, says that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Haryana Judicial Services Prelims Mock Test - 2 - Question 3

Agnates are the heirs

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 3
Section 3(1)(a) of the Hindu Succession Act provides that when two persons are related to each other by blood or adoption but wholly through males, they are said to be agnates of each other. For example, a person is an agnate of his father's brother's son.
Haryana Judicial Services Prelims Mock Test - 2 - Question 4
Who among the following is the longest serving Chief Justice of India?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 4
Ajit Nath Ray has served for four years approximately. Thus, he is not the longest serving Chief Justice of India.
Y. V. Chandrachud is the longest serving Chief Justice of India. He has served for eight years approximately. Thus, option (4) is correct.
Haryana Judicial Services Prelims Mock Test - 2 - Question 5
Who may record a confessional statement under Section 164, Cr.P.C.?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 5
According to Section 164(1) of Cr.P.C., Judicial Magistrate or the Metropolitan Magistrate, whether or not having jurisdiction in the matter, can record the confession or statement made to him in the course of the investigation.
Haryana Judicial Services Prelims Mock Test - 2 - Question 6
When consideration or object of an agreement is partly unlawful, under Indian Contract Act, 1872 the agreement is:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 6
Section 24 in the Indian Contract Act, 1872 provides that if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.
Haryana Judicial Services Prelims Mock Test - 2 - Question 7
A proclamation under Section 82 of Code of Criminal Procedure, 1973, shall specify time for not less than 30 days from the date of ______, of such proclamation.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 7
Section 82(1) in the Code Of Criminal Procedure, 1973, provides that if any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself, so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
Haryana Judicial Services Prelims Mock Test - 2 - Question 8
The court can take cognisance of an offence under Section 22 of Haryana Urban (Control of Rent and Eviction) Act, 1973, upon:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 8
As per Section 22 of Haryana Urban Control of Rent and Eviction Act, 1973, no court shall take cognisance of an offence under this section, except upon-
(a) a complaint in writing (of facts which constitute such offence) filed with the sanction of the Controller; or
(b) a report in writing of such facts made by the Controller.
Haryana Judicial Services Prelims Mock Test - 2 - Question 9
A Hindu female propositus died leaving behind a sister, two sons, one daughter, mother and father. Find the share of the daughter.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 9
Rules as to share in property of a Hindu female have been given under Section 15 of the Hindu Succession Act, 1956, according to which, first entry is sons and daughters [Section 15(1)(a)]. Thus, property will be divided among the two sons and the daughter only, all getting equal 1/3 share under the Hindu Succession Act.
Haryana Judicial Services Prelims Mock Test - 2 - Question 10
Which section of Registration Act, 1908, makes it compulsory to affix passport size photographs and fingerprints upon the documents to be registered?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 10
Section 32A in the Registration Act, 1908, provides that every person presenting any document at the proper registration office under Section 32 shall affix his passport size photograph and fingerprints to the document, provided that where such document related to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.
Haryana Judicial Services Prelims Mock Test - 2 - Question 11
Which of the following sections lays down the rule that there is discretionary power to obtain substituted performance?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 11
Section 20 of the Specific Relief Act says that there is discretionary power to obtain substituted performance in case of breach of contract. This section was added after the amendment in 2018. It states that, where the contract is broken due to non-performance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party and recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach.
Haryana Judicial Services Prelims Mock Test - 2 - Question 12
Composition of an offence under the Code of Criminal Procedure, 1973, will result in ______ of the accused.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 12
Section 320(8) in the Code of Criminal Procedure, 1973, provides that the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
Haryana Judicial Services Prelims Mock Test - 2 - Question 13
The rights of an unpaid seller have been listed in
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 13
The rights of an unpaid seller have been listed in Section 46 of the Sale of Goods Act, 1930. Who is an unpaid seller is defined under Section 45 of the Sale of Goods Act. Thus, option 2 is correct.
Haryana Judicial Services Prelims Mock Test - 2 - Question 14
If a Sunni Muslim performs marriage during the period of 'iddat', the marriage is
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 14
In Islamic law, a divorced woman has to wait during the 'iddat' period for about three months before she can remarry. Any marriage performed by a Muslim woman during the iddat period is an irregular marriage and not a void (batil) marriage.
Haryana Judicial Services Prelims Mock Test - 2 - Question 15
No suit for recovery of possession shall be brought under Section 6 of the Specific Relief Act, 1963, against:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 15
Section 6 in the Specific Relief Act, 1963, provides that -
(1) If any person is dispossessed, without his consent, of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought—
(a) after the expiry of six months from the date of dispossession; or
(b) against the government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
Haryana Judicial Services Prelims Mock Test - 2 - Question 16
Which of the following statements is/are correct?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 16
A partnership is a contract between partners who have agreed to share profits. A partnership firm is not a distinct legal entity from its partners as partners in a whole create a firm. Thus, dissolution of partnership between partners is a dissolution of firm. Thus, option (3) is correct.
Haryana Judicial Services Prelims Mock Test - 2 - Question 17
Who may record a confessional statement under Section 164 Cr. P. C.?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 17
Any Judicial Magistrate or Metropolitan Magistrate may record a confessional statement under Section 164 of Code of Criminal Procedure.
A Judicial Magistrate, who has or has not the jurisdiction to record confessional statement, can record the confession under Section 164 of the Code of Criminal Procedure. Thus, option (3) is incorrect and option (4) is correct.
Haryana Judicial Services Prelims Mock Test - 2 - Question 18
Execution of document may be presumed if the document is _____ old.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 18
Execution of document may be presumed if the document is thirty years old as provided under Section 90 of the Indian Evidence Act.Section 90 of the Evidence Act provides that, where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Haryana Judicial Services Prelims Mock Test - 2 - Question 19
Under Section 21 of the Specific Relief Act, the Court:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 19
As per Section 21 of the SRA, in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach in addition to such performance. However, Sub-Section (5) states that no compensation shall be awarded under this Section unless the plaintiff has claimed such compensation in his plaint.
Haryana Judicial Services Prelims Mock Test - 2 - Question 20
An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963, is known as a:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 20
Section 37 of Specific Relief Act, 1963, provides that temporary injunction are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, i.e. during the suit.
Haryana Judicial Services Prelims Mock Test - 2 - Question 21
A intending or knowing himself to be likely to permanently disfigure B's face, gives B a blow which does not permanently disfigure B's face, but which causes B to suffer severe bodily pain for the space of more than three weeks. A has voluntarily caused:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 21
Section 322 in the Indian Penal Code provides that whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt. A, intending or knowing himself to be likely to permanently dis­figure B's face, gives B a blow which does not permanently dis­figure B's face, but which causes B to suffer severe bodily pain for the space of more than 3 weeks. A has voluntarily caused grievous hurt.
Haryana Judicial Services Prelims Mock Test - 2 - Question 22
Divorce by mutual consent has been provided in Section ______ of the Hindu Marriage Act, 1955.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 22
Section 13B was inserted in the Hindu Marriage Act in 1976 to introduce divorce through mutual consent. It provides for a total of 18 months before a decree for divorce can be passed. Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year.
Haryana Judicial Services Prelims Mock Test - 2 - Question 23
The Victim Compensation Scheme under Section 357A was incorporated in _______
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 23
Amidst the increasing concern for compensation to victims of crimes, Section 357A was inserted in 2009 (Code of Criminal Procedure, 1973) to give effect to Victim Compensation Schemes (VCS).
Haryana Judicial Services Prelims Mock Test - 2 - Question 24
Which one of the following Sections of the Code of Civil Procedure deals with 'Revision'?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 24
The revisionary power has been given to the High Court under Section 115 of CPC. It provides that the High Court may call for the record of a case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-
(a) to have exercised a jurisdiction not vested in it by law
(b) to have failed to exercise a jurisdiction so vested
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity
The High Court may make such order in the case as it thinks fit.
Haryana Judicial Services Prelims Mock Test - 2 - Question 25
In the case of Mohri Bibee v. Dharamdas Ghose, who was the defendant in the trial court?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 25
In famous case of Mohri Bibee v. Dharmodas Ghose, minors were held as not competent to contract. Brahmo was the defendant and Dharmodas Ghose was the respondent in this case. He was a minor (i.e. had not completed the 18 years of age) and he was the sole owner of his immovable property. The mother of Dharmodas Ghose was authorised as his legal custodian by Calcutta High Court. When he went for the mortgage of his own immovable property which was done in the favour of appellant, i.e. Brahmo Dutt, he was a minor and he secured this mortgage deed.
Haryana Judicial Services Prelims Mock Test - 2 - Question 26
Which one of the following writs can be issued only against the judicial or quasi-judicial authorities?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 26
Prohibition is the only writ which can be issued against judicial or quasi-judicial authorities. It is issued by the higher court to lower court to prevent the latter from exceeding its jurisdiction.
Haryana Judicial Services Prelims Mock Test - 2 - Question 27
The expression 'harm' used in Section 81 of the Indian Penal Code is in the sense of:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 27
According to Section 81 in the Indian Penal Code, nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Here 'harm' refers to injury or damage.
Haryana Judicial Services Prelims Mock Test - 2 - Question 28
Section 482 of the Code of Criminal Procedure, 1973, saves inherent powers of ______.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 28
Section 482 in the Code Of Criminal Procedure, 1973, says that nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Haryana Judicial Services Prelims Mock Test - 2 - Question 29
When commission is to be issued for examination of a witness who is within the territory to which the Code for Criminal Procedure applies, to whom shall such commission be directed?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 29
Section 285 of CrPC provides for the provision as to whom the Commission is to be issued.
It states that if witness is within the territories to which this Code extend the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate of the area within which it is to be found.
Haryana Judicial Services Prelims Mock Test - 2 - Question 30
Local limits of the Jurisdiction of a Subordinate Judge are to be defined under Punjab Courts Act, 1918, by:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 2 - Question 30
Subject to the limit specified in Section 25 of the Act, the jurisdiction to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge, shall be determined by the High Court.
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