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

President of India is called the nominal head because of the following reasons:
1. He is the figure head; all the decisions are on his names, but the real powers are with the Prime Minister.
2. He is bound to act on the advice of the Council of Ministers. If the President does not wish to accept any advice, he may refer it back to the Council of Ministers.
3. Powers of the President are also not absolute. The President can declare a state of emergency only on the advice of the Council of Ministers.
4. When an ordinance is issued by the President, it has to be approved by the Parliament in 6 weeks, failing which the ordinance becomes null and void.

According to Section 2 clause (2) of C.P.C., "decree" means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include
(a) any adjudication from which an appeal lies as an appeal from an order
(b) any order of dismissal for default

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.

According to Section 14 of the Indian Contract Act, when a contract is entered into without the free consent of the party, it is considered a voidable contract. The definition of the act states that a voidable contract is enforceable by law at the option of one or more parties but not at option of the other parties.

Section 11 of the Hindu Marriage Act, 1955 provides that any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

According to the Constitution of India, Directive Principles of State Policy are not-justiciable but fundamental for the governance of the country. It is the duty of the State to apply these principles for making laws. Thus, option 3 is correct.
Fundamental Rights are justiciable and an individual can go to the court for the violation of Fundamental Rights but these are not fundamental for the governance of the country. So, option 1 is incorrect.

Under Section 24 of the Punjab Courts Act, 1918, District Court will be the principal civil court of original jurisdiction.
High Court is the civil court of original jurisdiction under Punjab Courts Act. So, option (1) is incorrect and option (2) is correct.

The object of incorporating Section 173(8) of the Criminal Procedure Code was to give the investigating agency the power to put before the court new evidence which it comes across even after filing of the final report or charge sheet under Section 173(2) of the Criminal Procedure Code, 1973. Therefore, Section 173(8) of the Code of Criminal Procedure deals with "Further investigation".

Section 15 in the Limitation Act, 1963, provides exclusion of time in certain cases—
(1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
(3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.

As per Section 11 of Haryana Urban (Control of Rent and Eviction) Act, 1973, no one would be entitled to convert a residential building in a non residential building without the prior consent of the Rent Controller.

As per the laws of Code of Criminal Procedure, an inquiry is always conducted prior to the framing of the charge.
Section 2 clause (g) of the code defines "inquiry" as every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.

The doctrine of precedent, a fundamental principle of English Law, is a form of reasoning and decision making formed by case law. This legal principle is called Stare decisis, which is used to state the adherence to precedent.

According to Section 21 of Civil Procedure Code, 1908, no objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

Section 137 in the Indian Evidence Act, 1872, provides that the examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

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.

As per Section 39 of the CPC, the court which passed a decree may send it for execution to another court. Where the court to which a decree is to be sent for execution is situated within the same district as the court which passed the decree, the court passing the decree shall send the same directly to the former court.

Section 14 in the Indian Partnership Act, 1932, specifies that the goodwill of a business is the property of the firm and is subject to a contract between the partners. When a partnership firm dissolves, all partners have a right to have the goodwill sold for the benefit of all the partners unless there is an agreement contrary to the same.

Section 114 of the Indian Evidence Act empowers the court to take presumptions as to the existence of certain facts. It says that the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. In all of the above given situations, the court can presume certain facts as per Section 114.

Permission to investigate into a non-cognisable offence can be granted by a Magistrate having jurisdiction to try the case. It is given under Section 155 of the Code of Criminal Procedure.
A Sessions Judge has no power to grant permission to investigate into a non-cognisable offence. Thus, option (4) is incorrect and (3) is correct.

Article 37 of the Constitution declares that the DPSP shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.

In 2020, in a setback for Pakistan, Chairman of its Senate, Muhammad Sadiq Sanjrani lost in the election to the post of President of Inter Parliamentary Union to Portugal Member of Parliament Duarte Pacheco.
Duarte Pacheco was elected President for a three-year term defeating candidates from Pakistan, Uzbekistan and Canada during the ongoing virtual session of the Governing Council of IPU.
Portugal candidate Pacheco got 222 votes, much above the majority mark of 198 votes, while Pakistani candidate received only 52 votes. The elections were held securely through online medium.

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.

Article 265 of the Constitution of India provides that "no tax shall be levied or collected except by the authority of law". Therefore, no tax can be levied or collected in India unless it is explicitly and clearly authorised by way of legislation.

The case of D.P.P. v Beard Section deals with the defence of involuntary intoxication as provided by Section 85 of I.P.C. The defences under the Indian penal code are provided under Chapter IV. These defences are absolute in nature i.e. if any person proves that his case falls under any of the defence under this chapter, he shall be exempted from such a liability.In the case of Director Public Prosecution (D.P.P) v. Beard the defence of intoxication under Section 85 was taken. It was in this case that the rule as to what amounts to a state of intoxication was laid down.

Registration of a firm is not compulsory under Indian Partnership Act.
Under Indian Partnership Act, registration of a firm is not mandatory. Thus, option 1 is incorrect.

The United Nations General Assembly adopted Resolution A/RES/68/163 at its 68^th session in 2013 which proclaimed November 2 as the 'International Day to End Impunity for Crimes Against Journalists'. The resolution urged member states to implement definite measures countering the present culture of impunity. The date was chosen in commemoration of the assassination of two French journalists in Mali on November 2, 2013.
This landmark resolution condemns all attacks and violence against journalists and media workers.

Concurrent list includes criminal law. It includes all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.

Section 51 of Sales of Goods Act, 1930 provides for the duration of transit. Sub-section (1) states that goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee.

Section 44, IPC: ''Injury'' denotes any harm whatsoever illegally caused to any person, in body, mind, reputation or property.
Therefore, A, B, C and D all are correct.

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.