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30 Questions MCQ Test Madhya Pradesh Judicial Services Mock Test Series 2024 - Madhya Pradesh Judicial Services Prelims Mock Test - 1

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Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 1

Can a document which is not produced with the plaint and which ought to have been produced by the plaintiff be received in evidence on his behalf?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 1
Order VII Rule 18(1) CPC provides that a document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 2

Which of the following is/are not a decree?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 2
Section 2(2) CPC does not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default, in the definition of decree.
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Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 3

A plaintiff, without having any title, files a suit for permanent injunction against dispossession based on long possession.

Which of the following is correct as per Specific Relief Act?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 3

It is said that possession is nine points in law. Where the plaintiff has possessed any property for a long period, he may be dispossessed only as per law. Therefore, a plaintiff, without having any title, who files a suit for permanent injunction against dispossession based on long possession cannot be dispossessed, except in accordance with the law.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 4
Who is allowed by the Indian Evidence Act to put even an irrelevant question to a witness?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 4
As per Section 165 of the Indian Evidence Act, 1872, gives a Judge such extraordinary powers that he can put any question whether relevant or irrelevant any time and no party has the right to cross examine without the leave of the court.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 5
In which of the following cases is it settled that death sentence should be awarded only in the 'rarest of rare' cases?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 5
In Bacchan Singh v. State of Punjab, AIR 1980 SC 898, the Court held that it is imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated by MS, will discharge the onerous function with evermore scrupulous care and humane concern, directed along the highroad of legislative policy outlined in Section 354(3), viz. that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through law's instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 6
Which of the following terms is not defined in the IPC?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 6
Public servant' (Section 21), 'woman' (Section 10) and 'movable property' (Section 22) have been defined in the Indian Penal Code, but 'inquiry' is defined in Section 2(g) of CrPC as: 'inquiry' means every inquiry other than a trial, conducted under this Code by a Magistrate or Court.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 7
Mark the odd one.
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 7
Under Sections 379, 324 and 498A, maximum imprisonment is three years; but under Section 376, punishment may be not less than seven years but extendable to life imprisonment.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 8
Which provision of CrPC deals with power of revision of High Court?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 8
High Court's powers of revisions is dealt in Section 401 of the Code of Criminal Procedure. The jurisdiction exercised by the High Court under Section 401 is known as its revisional jurisdiction. It gives a very wide scope to the Court to test the correctness, legality or propriety of any finding, sentence or order. The High Court may also interfere to examine the regularity of any proceedings.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 9
In relation to an FIR lodged under Section 154 of the CrPC, which of the following statements is not correct?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 9
The statement made in an FIR may be used as a previous statement of the informant. Thus, option 3 is an incorrect statement.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 10
Who has control over subordinate judiciary?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 10
Article 235 of the Constitution of India, 1949 talks about the control over subordinate courts. It says that the control over district courts and courts subordinate thereto, including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this Article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him, otherwise than in accordance with the conditions of his service prescribed under such law.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 11
Impeachment proceedings against the President of India can be preferred
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 11
The President may be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two Houses of the Parliament. The House initiates the process by levelling the charges against the President. Thus, the impeachment motion may be brought in any of the Houses.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 12
A court ordered striking out a matter in a written statement, which it held, might delay the fair trial. The order is
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 12
Court's power to strike out is dealt in Order XIV Rule 5 of CPC. A court ordered striking out a matter in a written statement, which it held, might delay the fair trial. Thus, by this provision, such order is legal.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 13

Which of the following is not a remedy for breach of contract?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 13

When a contract is breached, there are specific remedies to it. Broadly speaking, there are six remedies available.
1.Rescission of contract
2.Suit for damages
3.Suit for quantum merit
4.Suit for specific performance
5.Suit for injunctions
6.Remedies according to various country-specific laws
Therefore, fine is not a remedy for the breach of contract.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 14

Section 3 of the Limitation Act does not apply to

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 14

Section 3 of the Limitation Act mentions that every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. Therefore, option (3) is the correct answer option.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 15
The basic idea embodied in Section 27 of the Indian Evidence Act is the doctrine of
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 15
Section 27 of the Indian Evidence Act is related to the doctrine of confirmation by subsequent event as the bar regarding the admissibility of the confession to the police or in the police custody remains there. If the information is given by the accused, then so much of the information is allowed to be proved.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 16
No wife shall be entitled to receive maintenance from her husband under Section 125 Cr PC, if she
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 16
As per Section 125(4) Cr PC, no wife shall be entitled to receive an allowance from her husband under this Section, if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband or if they are living separately by mutual consent.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 17
Which of the following missions to Mars was announced by the United Arab Emirates (UAE)?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 17
The Hope Mars Mission, also called Emirates Mars Mission, is a space exploration probe mission to Mars built by the United Arab Emirates and set for launch in 2020.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 18
Cancellation of registered document may be sought by way of a suit under
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 18
Cancellation of registered document may be sought by way of a suit which is provided under Section 31 of Specific Relief Act, 1963.
Section states when cancellation may be ordered —
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 19
Which section of M.P. Land Revenue Code, 1959 deals with repeal and savings?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 19
Sec. 261 of the code deals with the repeal and savings. It says that the enactments specified in Schedule II are hereby repealed to the extent mentioned in the 4th column thereof.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 20
Under the provisions of the Indian Evidence Act, 1872, when an accused says that he did not make confession, it is called
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 20
A Retracted Confession is a statement made by an accused person before the trial begins by which he admits to have committed the offence but which he repudiates at the trial. The question may be put to him as to whether he made statement before the magistrate during the investigation confessing the guilt. He may deny to have made the statement at all or he may say that he made that statement due to undue influence of the police. In this case, the confession made by the accused to the magistrate before the trial begins is called Retracted Confession.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 21

Union Health Minister Harsh Vardhan, who is also the Chairman of Indian Red Cross Society, launched which of the following mobile applications through a video conference in 2020?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 21

Union Health Minister Harsh Vardhan, who is also the Chairman of Indian Red Cross Society, launched the 'eBloodServices' mobile application through a video conference. The application of Indian Red Cross Society was developed by the eRaktkosh team under the Digital India scheme. Through this app, up to four units of blood can be requested.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 22

Which of the given options is correct regarding the notice of increase or arrears of rent under the M.P. Accommodation Control Act?
1. The notice may be given orally or in writing by the landlord or on behalf of the landlord.
2. The notice may be given to the tenant personally or to one of the adult members of his family or to his servant.

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 22

Statement (1) is wrong and statement (2) is right as per Section 9 of the M.P. Accommodation Control Act, 1961.
It states that where a landlord wishes to increase the rent of any accommodation, he shall give the tenant a notice of his intention to make the increase. Every notice under this section must be in writing and signed by or on behalf of the landlord and be sent by a registered post (acknowledgement due) to the tenant, or be tendered or delivered personally to him or to one of his family members or servants, at his residence, or, if such tender or delivery is not practicable, be affixed to a conspicuous part of the accommodation.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 23
Under the IPC, which one of the following sections makes provision for solitary confinement?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 23
Solitary confinement can be understood as a confinement of a prisoner which secludes him from the sight of and communication with other prisoners. It is a form of punishment in which the prisoner or an inmate is isolated from any type of human contact. The Indian Penal Code under Section 73 provides provision for solitary confinement.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 24

Directions: In this question, a sentence is given, part of which is written in bold letters. The part in bold may or may not contain an error. You have to decide which of the phrases (1), (2), (3) and (4) given below the sentence should replace the phrase printed in bold letters to make the sentence grammatically correct.
The tigress waited in the bush for a considerable time, and when it was totally quiet, it broke a fall and crossed the road.

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 24

Option (1) is the correct answer because it means 'left the hiding place'. Option (2) is incorrect as it means 'to begin a new construction project'.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 25
On dismissal of the suit for non-compliance with an order for discovery under Order Xl, Rule 21 of CPC
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 25
Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of the Code of Civil Procedure, 1908. Interrogatories are a set of questions which a party administers on the other party with the leave of the Court. The party to whom interrogatories are administered, must answer them in writing and on oath. As per the rule 21 if a party fails to comply with an order to answer interrogatories, then: If the failing party is a Plaintiff, its suit is to be dismissed for want of prosecution. The plaintiff is precluded from bringing any fresh suit on the same cause of action. If the failing party is a Defendant, its defense should be struck out and be placed in a position as if it had not defended.
The party which served the interrogatories may apply to the Court for an order to this effect. The Court shall pass such order after notice to the other party and giving them an opportunity of being heard.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 26

The Transfer of Property Act, 1882, makes which of the following transferable?

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 26

Section 6 of the T.P.A. provides for the properties which can be transferred.
It states:
(a) An easement cannot be transferred apart from the dominant heritage.
(b) A decree of a court for mesne profits cannot be transferred.
(c) A mere right to sue cannot be transferred.
(d) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.
(e) Political pensions cannot be transferred.
Therefore, option 4 is the correct choice.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 27

Match list - I with list - II and select the correct answer by using the codes given below the lists:

Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 27

The correct match is as following:
A - (iv), B - (ii), C - (iii), D - (i)
In the case of Lalman Shukla v. Gauri Dutt, the examination of the contract was made on the basis of general offer.
In Tweddle v. Atkinson, the court ruled that a promisee cannot bring an action unless the consideration from the promise is moved from him. Consideration must move from party entitled to sue upon the contract. No legal entitlement is conferred on third parties to an agreement.
In Balfour v. Balfour, it was held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.
In Khan Gul v. Lakha Singh, doctrine of restitution was explained.

Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 28
Ajit in good faith comments on a book published by Doval. He comments that Doval's book is indecent, Doval must be a man of impure mind. Would this comment be considered as defamation punishable under Section 500 of IPC?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 28
No, Ajit won't be liable for the offence of defamation as Ajit is within the exception of Section 499 of I.P.C., if he says this in good faith, as long as the opinion which he expresses of Doval's character as it appears in Doval's book, and no further, then is would be protected.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 29
The question whether the Fundamental Rights can be amended under Art. 368 came for consideration first time in
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 29
Article 13 of the original Constitution said that the State shall not make any law that takes away or abridges the rights given to the citizens in Part III and any such law made in contravention of this Article shall be deemed void to the extent of contravention. Therefore, the Parliament cannot amend the Constitution in a way that takes away the Fundamental Rights of the citizens.
In the case of Shankari Prasad v. Union of India, the Supreme Court tested this concept. It was challenged that amendment (in this case an amendment to Article 31A and 31B) that takes away Fundamental Right of the citizens is not allowed by Article 13. It was argued that State includes Parliament and Law includes Constitutional Amendments.
Therefore, the question whether the Fundamental Rights can be amended under Art. 368 came for consideration first time in the case of Shankari Prasad v. Union of India.
Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 30
Who was given the additional charge of Deputy Managing Director and Chief Financial Officer (CFO) of State Bank of India (SBI) in 2020?
Detailed Solution for Madhya Pradesh Judicial Services Prelims Mock Test - 1 - Question 30
Chalasani Venkat Nageswar was given the additional charge of Deputy Managing Director and Chief Financial Officer (CFO) of State Bank of India (SBI) on 9th March with immediate effect. The State Bank of India is an Indian multinational, public sector banking and financial services statutory body. It is a government corporation statutory body headquartered in Mumbai, Maharashtra. SBI is ranked as 236th in the Fortune Global 500 list of the world's biggest corporations of 2019.
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