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Haryana Judicial Services Prelims Mock Test - 3 - Judiciary Exams MCQ


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30 Questions MCQ Test Haryana Judicial Services Mock Test Series 2024 - Haryana Judicial Services Prelims Mock Test - 3

Haryana Judicial Services Prelims Mock Test - 3 for Judiciary Exams 2024 is part of Haryana Judicial Services Mock Test Series 2024 preparation. The Haryana Judicial Services Prelims Mock Test - 3 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Haryana Judicial Services Prelims Mock Test - 3 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Haryana Judicial Services Prelims Mock Test - 3 below.
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Haryana Judicial Services Prelims Mock Test - 3 - Question 1

In one trial, X is convicted against which no appeal lies, whereas conviction against Y is appealable. Can X file an appeal against his conviction?

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 1
Yes, X can file an appeal against his conviction under Section 380 in the Code Of Criminal Procedure, 1973. It provides that notwithstanding anything contained in this chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.
Haryana Judicial Services Prelims Mock Test - 3 - Question 2

Who among the following is empowered to finally determine whether a bill is money bill or not?

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 2
Article 110(3) in the Constitution of India, 1949, provides that if any question arises regarding the fact that whether a bill is a money bill or not, the decision of the Speaker of the House of the People thereon shall be final.
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Haryana Judicial Services Prelims Mock Test - 3 - Question 3

Section 195-A of the Indian Penal Code is related to:

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 3
Section 195 A of the Indian Penal Code provides the penalty for threatening any person to give false evidence. It provides that when one threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence, he shall be punished for threatening that person to give false evidence.
Haryana Judicial Services Prelims Mock Test - 3 - Question 4
Preliminary Decree can be passed in a suit
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 4
As per Order 20, Rule 12-16 of C.P.C. preliminary decree can be awarded for the following:
-Decree in pre-emption suit
-Decree in suit for dissolution of partnership
-Decree in suit for partition of property or separate possession of a share therein
Haryana Judicial Services Prelims Mock Test - 3 - Question 5
Which provision of the Indian Penal Code says, 'nothing is an offence which is done by accident'?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 5
Section 80 of I.P.C. provides the defence of accident. The defence states that nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Haryana Judicial Services Prelims Mock Test - 3 - Question 6
Suits relating to immovable property may be filed in a court within whose local jurisdiction the
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 6
According to Section 16(2) of the C.P.C., as a general rule, suits relating to immovable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situated. In other words, where the property in dispute is situated.
Haryana Judicial Services Prelims Mock Test - 3 - Question 7
Under Muslim Law, a voluntary gift, without consideration, of property or the substance of thing by one person to another so as to constitute the donee the proprietor of the subject matter of the gift is known as:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 7
A gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is gratuitous and inter vivos in nature. This is the general definition that is accepted by all the religions, including Muslim Law. As per Muslim Law, such gift is called Hiba.
Haryana Judicial Services Prelims Mock Test - 3 - Question 8
Who in 2020 became the first-ever Indian-origin minister in New Zealand?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 8
Priyanca Radhakrishnan in 2020 became New Zealand's first-ever Indian-origin minister, after Prime Minister Jacinda Ardern brought five new ministers into her executive.
She was elected first as a Member of Parliament belonging to the Labour Party in September 2017. In 2019, she was appointed the Parliamentary Private Secretary to the Minister for Ethnic Communities. Her work in that area helped her build the base for her new role of Minister for Diversity, Inclusion and Ethnic Communities.
Haryana Judicial Services Prelims Mock Test - 3 - Question 9
Jurisdiction of Family Court applies to which of the following communities?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 9
Jurisdiction of Family Court applies to the following communities:
-Muslims
-Buddhists
-Lingayat
Therefore, option 4 is the correct answer.
Haryana Judicial Services Prelims Mock Test - 3 - Question 10
Identification parade is relevant under:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 10
The Identification parade is relevant under Section 9 of the Indian Evidence Act. It states that facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened are relevant in so far as they are necessary for that purpose.
Haryana Judicial Services Prelims Mock Test - 3 - Question 11
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim marriage may be dissolved by which of the following means?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 11
The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. The act defines the grounds for divorce and the procedure for that purpose. This Act provides that a Muslim marriage may be dissolved by the court in a petition filed by the wife. Rest all other are the ways provided by the personal laws of Muslims.
Haryana Judicial Services Prelims Mock Test - 3 - Question 12
State which of the following statements is correct.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 12
The fundamental rights are mandatory on the state and no citizen can by his act or conduct relieve the state of the solemn obligation imposed on it. According to Behram's case, an individual could waive a fundamental right which is for his own benefits but he cannot waive a fundamental right which is for a public benefit.
Haryana Judicial Services Prelims Mock Test - 3 - Question 13
Only such facts are made relevant by the Evidence Act as are encompassed by:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 13
Sections 5 to 55 deal with the relevant facts.
As per Section 2 of Indian Evidence Act, one fact is said to be relevant to another when one is connected with the other in any of the ways referred to in the provisions from Sections 5 to 55 of the Indian Evidence Act, which relate to relevancy of facts. Sections 5 to 55 of the Act provide several ways in which one fact may be connected with the other fact and therefrom the concept of relevant fact can be meted out. Hence, one fact is relevant to another fact if they are connected with each other in any of the ways as described in Sections 5 to 55. If a fact is not so connected, it is not a relevant fact.
Haryana Judicial Services Prelims Mock Test - 3 - Question 14
Who may exempt the application of the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 14
As per Section 3 of the Act, The State Government may direct that all or any of the provisions of this Act shall not apply to any particular building or rented land or to any class of buildings or rented lands.
Haryana Judicial Services Prelims Mock Test - 3 - Question 15
Out of the following, which is not the correct statement regarding 'retirement of a partner'?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 15
Section 32 of the Indian Partnership Act, 1932 provides for the retirement of a partner. It states that a partner may retire: (a) with the consent of all the other partners, (b) in accordance with an express agreement by the partners, or (c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.
Haryana Judicial Services Prelims Mock Test - 3 - Question 16
Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of ______ years shall be with the mother ordinarily.
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 16
The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child up to the age of five years should ordinarily be with the mother. Under Christian Laws, there is no separate Act for the custody of the child. They also follow the Guardian and Wards Act ,1890 and the Indian Divorce Act, 1869, applicable to all religion. Under Parsi Law, the custody of child is provided in Section 49 of the Parsi Marriage and Divorce Act, 1936.
Haryana Judicial Services Prelims Mock Test - 3 - Question 17
Which of the following Sections of the Code of Civil Procedure defines 'Mesne Profit'?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 17
Section 2(12) defines "mesne profits". As per the definition, "mesne profits" means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.
Haryana Judicial Services Prelims Mock Test - 3 - Question 18
Power to recall any witness(es) under Section 311 of CrPC can be exercised:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 18
Section 311 of the Code of Criminal Procedure provides that any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined.
Haryana Judicial Services Prelims Mock Test - 3 - Question 19
On which day is National Cancer Awareness Day observed in India?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 19
National Cancer Awareness Day is observed annually in India on November 7. According to the World Health Organisation (WHO), cancer is the second leading cause of death globally.
National Cancer Awareness Day was first announced by Union Health Minister Dr. Harsh Vardhan in September 2014.
Haryana Judicial Services Prelims Mock Test - 3 - Question 20
Which one of the following Schedules was added in the Constitution by the 73rd Constitutional Amendment?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 20
As per Article 245 G, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, with respect to:
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in Schedule XI.
This schedule was added in the Constitution by the 73rd Constitutional Amendment.
Haryana Judicial Services Prelims Mock Test - 3 - Question 21
Which of the following provisions of the Cr. P. C. 1973 resembles the writ of Habeas Corpus?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 21
Habeas Corpus is a writ where a person is ordered to release the person wrongfully confined by him. Section 97 of the Cr. P. C. 1973 resembles the writ of Habeas Corpus, which deals with the search of person wrongfully confined.
Section 91 of the CPC deals with summons to produce document or other thing. Thus, option (3) is incorrect and option (2) provides the correct answer.
Haryana Judicial Services Prelims Mock Test - 3 - Question 22
Mark the incorrect statement in context of a representative suit:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 22
Res judicata is provided under Section 11 of the Civil Procedure Code, 1908, which provides that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation.
Explanation VI to Section 11 deals with representative suits, i.e. suits instituted by or against a person in his representative, as distinguished from individual capacity. Res judicata is applicable to a representative suit.
This is applicable as per the explanation of Order 1, Rule 8(6), r/w Section 11 of CPC, Exp. VI.
Haryana Judicial Services Prelims Mock Test - 3 - Question 23

Muslim Law does not apply to which of the following?

Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 23

Section 2 of the Shariat Act provides that in a case where both the parties are Muslims, the rule for decision shall be Muslim Law, if the case involves any of the following matters:

  • Intestate succession (i.e. inheritance)
  • Special property of the females
  • Marriage (including all incidents of marriage)
  • Dissolution of marriage (including all kinds of divorce)
  • Maintenance
  • Dower
  • Guardianship
  • Gift
  • Trusts and trust properties
  • Wakf

Therefore, Muslim Law does not apply to succession to agricultural land.

Haryana Judicial Services Prelims Mock Test - 3 - Question 24
Which of the following is not a writ issued by a superior court to an inferior court?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 24
The term 'Quo-Warranto' literally means "by what warrants" or "what is your authority". It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the court by what authority he holds the office. If a person has usurped a public office, the court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus, High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.
Haryana Judicial Services Prelims Mock Test - 3 - Question 25
Which section of Indian Penal Code, 1860, makes sexual intercourse by husband upon his wife, during separation, without her consent, punishable?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 25
Section 376B of the Indian Penal Code, 1860, provides that whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Haryana Judicial Services Prelims Mock Test - 3 - Question 26
The Directive Principles are:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 26
The Directive Principles of State Policy of India are the guidelines or principles given to the federal institutes governing the State of India, to be kept in citation while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a society in the country. They are the decorative portions of the Indian Constitution.
Haryana Judicial Services Prelims Mock Test - 3 - Question 27
In case of suicide by a married woman, the court under Section 113 A of the Indian Evidence Act, 1872 may presume that suicide had been abetted by her husband, if:

(1) Suicide was committed by the wife within a period of seven years from the date of her marriage.
(2) The wife was subjected to cruelty.
(3) The wife was illiterate and from a poor family.
(4) The wife was deserted by the husband.

Select the correct answer using the codes given below:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 27
As per Section 113 of Indian Evidence Act, if suicide was committed by wife within 7 years of her marriage, presumption is drawn by the court that she may have been subjected to cruelty.
Haryana Judicial Services Prelims Mock Test - 3 - Question 28
What is the time limit in Section 468 Cr. P. C. for taking cognisance in a case of defamation?
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 28
Under Section 468 of the Code of Criminal Procedure, time limit for taking cognisance of an offence punishable with imprisonment up to three years is three years. Thus, the offence of defamation is punishable with imprisonment for a term of two years, so time limit in Section 468 of Code of Criminal Procedure for taking cognisance in a case of defamation is three years.
Time limit for taking cognisance of an offence punishable with imprisonment up to one year is one year. Thus, option (2) is incorrect and (3) is correct, which relates to the offence of defamation.
Haryana Judicial Services Prelims Mock Test - 3 - Question 29
As per Section 195 of Code of Criminal Procedure, cognizance of offences punishable under Section 172 to 188 of Indian Penal Code can be taken on
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 29
Section 195 of CrPC provides that no Court shall take cognizance
(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code
(ii) of any abetment of, attempt to commit such offence
(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate
Haryana Judicial Services Prelims Mock Test - 3 - Question 30
The Constitution of India is:
Detailed Solution for Haryana Judicial Services Prelims Mock Test - 3 - Question 30
The constitution of India has components of both federal and unitary constitution.
-The unitary nature of the Indian constitution can be stated through various facts:
The state governments are ruled by the central government when it comes to the derivation of powers, The states do not have separate constitutions of their own. The regulations are the same for everyone in the country. The state governors are appointed by the President. The union law prevails in case of conflicts. There exists a single judiciary system in India. The greatest power lies with the Supreme Court.
-The Indian Constitution also has federal characteristics.
The dual system of the government and the division of powers is a federal characteristic.
Therefore, the Indian Constitution is an amalgamation of federal and unitary constitution, that makes it quasi-federal. It has been done for a common goal of creating a fair governance.
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