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


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30 Questions MCQ Test Maharashtra Judicial Services Mock Test Series 2025 - Maharashtra Judicial Services Prelims Mock Test - 1

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Maharashtra Judicial Services Prelims Mock Test - 1 - Question 1

Exception to admissibility of hearsay evidence is defined under

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 1
Section 32 of the Indian Evidence Act is an exception to the principle that excludes the hearsay rule. Principle behind the concept of dying declaration is that if the person having the first hand information about a particular matter, however due to death or any kind of disability, is unable to appear before the court, then his/her knowledge/information should be transmitted to the court through some other person. This section plays a significant role when the person having a particular knowledge is sought to be proved died or cannot be found or due to any reason his attendance cannot be procured in the Court. However, proof must be produced before the court why person could not be present to give evidence.
Further, Supreme Court of India has held that a dying declaration made by a victim accusing a person of having been responsible for his/her death cannot form the basis of conviction if it suffers from infirmity.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 2

Section 81 A was added in the Indian Evidence Act by the Information Technology Act, 2000 to provide the presumption as to

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 2
Section 81 A of the Indian Evidence Act, 1872, talks about the presumption as to gazettes in electronic forms.
Section 81 A : Presumption as to gazettes in electronic forms - The Court shall presume the genuineness of every electronic record purporting to be the official gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 3

Which of the following doctrines is not related to Article 13 of the Constitution?

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

The doctrine of severability is a guardian of our fundamental rights. If any of the provisions in an act/statue is contrary to our fundamental rights, then that provision only would consider being void and it is not the whole act that becomes void.
In the case of A. K. Gopalan v. State 0/Madras, A.I.R. 1950 S.c. 27, where Section 14 of the Preventive Detention Act was found out to be in violation of Article 14 of the Constitution. It was held by the apex court that it is Section 14 of the act which is to be struck down and not the act as a whole. It was also held that the omission of Section 14 of the act will not change the object of the act; hence, it is severable.
Hence, it is related to Art. 14 of the Constitution.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 4
When the police registers a case regarding commission of a cognisable offence, the registration of the case is under
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 4
Section 154 in the Code of Criminal Procedure, 1973, deals with the Information in cognisable cases. This section mandates the registration of case when information regarding the commission of any cognisable case is received.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 5
Under Clause (3) of Section 38 of the Specific Relief Act of 1963, perpetual injunction can be granted when
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 5
Clause (3) of Section 38 of the Specific Relief Act of 1963 says that perpetual injunction can be granted under the condition(s) where
(a) the defendant is trustee of the property for the plaintiff
(b) there exists no standard for ascertaining the actual damage caused or likely to be caused by the invasion
(c) the invasion is such that compensation in money would not afford adequate relief
(d) the injunction is necessary to prevent a multiplicity of judicial proceedings
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 6

When two or more persons by fighting in a public place disturb the public peace, such an offence is called

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 6

Section 159 of the Indian Penal Code defines the offence of affray. It defines it as: When two or more persons by fighting in a public place disturb the public peace, they are said to commit an affray.
Characterstics of the offence of "affray" are :
1. A charge of affray brings in both the sides as accused persons since both the fighting groups have committed the offence.
2. It is a bailable offence.
3. It is non-compoundable offence.
4. The Criminal Procedure Code, 1973 has now made it a cognisable offence.
5. It may be tried by any magistrate and is triable summarily.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 7
Which of the following sections is based on the maxim 'Nemo debet bis vexari prop eadem cause' i.e. a man shall not be twice vexed for one and the same cause?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 7
Section 300 of the Code of Criminal Procedure deals with the maxim 'Nemo debet bis vexari prop eadem cause' i.e. a man shall not be twice vexed for one and the same cause.
Section 300 of the Code provides that person once convicted or acquitted cannot be tried for the same offence.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 8
Provision for treatment of victims has been made under
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 8
As per Section 357C of CrPC, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately provide first-aid or medical treatment, free of cost, to the victims of any offence covered under sections 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code and shall immediately inform the police of such an incident.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 9
For instituting a suit against the Government or against a Public Officer in official capacity, the notice period under Section 80 of C.P.C is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 9
Section 80 of the C.P.C provides for sending a notice to the government or a public officer, if one wants to institute a suit against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of two months. The object of the notice is to give Secretary of State or public officer an opportunity to reconsider his legal position and to make amends or afford restitution, without recourse to a court of law.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 10
Subject of limitation is dealt within the Constitution in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 10
List III- Concurrent List Entry 13 deals with civil procedure, including all matters included in the Code of Civil Procedure at the commencement of Constitution.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 11
Identity the case that deals with minors' agreement under Indian Contract Act, 1872.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 11
Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 is a leading case on minors' agreement.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 12
The maxim 'actio personalis moritur cum persona' means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 12
Actio personalis moritur cum persona is a Latin expression meaning a personal right of action dies with the person. Some legal causes of action can survive the death of the claimant or plaintiff; for example, actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 13
Under the provisions of the Maharashtra Rent Control Act, transfer of tenanted premises is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 13
Where the possession of premises is recovered on the ground specified under clause (g), (h), (i) or (j) of sub-section (1) and the premises are transferred by the landlord, or by operation of law before the tenant or tenants are placed in occupation, then such transfer shall be subject to the rights and interests of such tenants and without creating interest, premises can be given on lease and licence.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 14
Under sale of goods, consideration means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 14
Sec. 2(10) of the Act says that price means the money consideration for a sale of goods. Therefore, it is clear that under sale of goods, consideration means cash.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 15

'A' signs a document in his own name, intending that the document was signed by another person of the same name. Under which of the following sections of IPC has an offence been committed by 'A'?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 15

Explanation I of Section 464 IPC says that a man's signature of his own name amounts to forgery.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 16
No Magistrate shall order an investigation under Section 156 of Code of Criminal Procedure (Maharashtra Amendment) against public servant, except with previous sanction u/s 197 of this code. On such proposal the sanctioning authority shall take decision within period of:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 16
The Maharashtra Amendment to section 156 of the Code of Criminal Procedure, in its application to the State of Maharashtra, added the following provisions to the section, namely:
"Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:
Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 17
No suit for recovery of possession shall be instituted against tenant on the ground of non-payment of the standard rent, without notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant. Such suit shall not be instituted until the service of such notice and expiration of:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 17
Section 15 of the Maharashtra Rent Control Act states that no ejectment ordinarily is to be made if tenant pays or is ready and willing to pay standard rent and permitted increases. According to the section,
(1) A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the, standard rent and permitted increases, if any, and observes and performs the other, conditions of the tenancy, in so far as they are consistent with the provisions of this Act.
(2) No suit for recovery of possession shall be instituted by a landlord against the tenant on the ground of non-payment of the standard rent or permitted increases due, until the expiration of ninety days next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the Transfer of Property Act, 1882.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 18
A contracts to buy B's ship for 60,000 rupees but breaches his promise:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 18
Under the Indian Contract Act, if a party breaches a contract to buy a ship for a certain price, the non-breaching party (in this case, B) is entitled to receive compensation for the loss suffered as a result of the breach. The compensation would be the difference between the contract price and the price that B can obtain for the ship at the time of the breach. This is a fundamental principle of contract law for calculating damages in cases of breach of contract. The purpose of this principle is to ensure that the non-breaching party is not left worse off due to the breach of contract and is compensated for any financial harm suffered as a result of the breach.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 19

Power to tender pardon to accomplice, at the stage of investigation, is vested with:
(a) Metropolitan Magistrate
(b) Magistrate of first class

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 19

Section 306 of the Code of Criminal Procedure deals with tender of pardon to accomplice. According to sub-section 1, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. Thus, it is specifically stated that the power to tender pardon at the stage of investigation is vested with the Metropolitan Magistrate and not with the Magistrate of first class. Thus, option 3 is the answer.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 20
An application for execution of decree moved after period of twelve years:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 20
Article 136 of the Limitation Act provides the limitation period for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. According to the Article, the period is twelve years beginning when the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place. So, in accordance with this provision, an application for the execution of a decree moved after the period of twelve years is not maintainable as it is usually filed after the period of limitation.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 21

Any offence under the Indian Penal Code may be tried by
(a) the Supreme Court of India
(b) the High Court
(c) any other Court by which such offence is shown in the First Schedule to be triable

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

Section 26 of the Code of Criminal Procedure provides for Courts by which offences are triable. According to the section, subject to the other provisions of this Code,
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by:
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
Provided that any offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, or section 376E of the Indian Penal Code (45 of 1860) shall be tried as far as practicable by a Court presided over by a woman.
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 22
The irregularities which do not vitiate proceeding:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 22
Section 460 of the Code of Criminal Procedure provides for Irregularities which do not vitiate proceedings. According to the section, if any Magistrate not empowered by law to do any of the following things, namely;
  • to issue a search-warrant under section 94;
  • to order, under section 155, the police to investigate an offence;
  • to hold an inquest under section 176;
  • to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • to take cognizance of an offence under clause (a) or clause (b) of Sub-Section (1) of section 190;
  • to make over a case under Sub-Section (2) of section 192;
  • to tender a pardon under section 306;
  • to recall a case and try it himself under section 410; or
  • to sell property under section 458 or section 459,
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 23
Freedom of religion is guaranteed under Constitution of India by:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 23
Freedom of religion in India is primarily guaranteed through the Fundamental Rights, which are enshrined in Part III of the Indian Constitution. The relevant articles in the Constitution that protect the freedom of religion include:
Article 25: This article guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 26: This article ensures the right of religious denominations or sects to manage their religious affairs and establish and maintain religious institutions.
Article 27: This article prohibits the taxation of religious institutions.
Article 28: This article restricts the religious instruction in educational institutions wholly maintained by the state.
These Fundamental Rights provide individuals and religious groups with the freedom to follow their own faith and practices without interference from the state. While India guarantees the freedom of religion, it also allows for certain reasonable restrictions in the interest of public order, morality, and health.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 24
Under section 32 of the Evidence Act, a statement of a person who is dead is to be admissible:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 24
According to section 32 of the Indian Evidence Act, statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases -
(1) when it relates to cause of death
(2) or is made in course of business
(3) or against interest of maker
(4) or gives opinion as to public right or custom, or matters of general interest
(5) or relates to existence of relationship
(6) or is made in will or deed relating to family affairs
(7) or in document relating to transaction mentioned in section 13, clause (a)
(8) or is made by several persons and expresses feelings relevant to matter in question
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 25
Period of detention in the civil prison under Order XXXIX Rule 2A of the CPC, for disobedience or breach of injunction:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 25
Order XXXIX of the CPC deals with the grant of temporary injunctions. Rule 2A provides for the consequence of disobedience or breach of injunction.
(1) In the case of disobedience of any injunction granted or other order made under rule 1 or 2 or breach of any of the terms on which the injunction was granted or the order made, the court granting the injunction or making the order, or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 26
Section 159 of the Evidence Act relates to the following subject:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 26
Section 159 of the Indian Evidence Act deals with refreshing memory. The section reads as follows:
A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory –– Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:
Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 27
Article 5 of the Constitution deals with:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 27
Citizenship is the status of a person recognised under law as being a legal member of a sovereign state or belonging to a nation. In India, Articles 5-11 of the Constitution deals with the concept of citizenship. Article 5 talks about citizenship for people at the commencement of the Constitution, i.e. 26th January, 1950. The Article expressly states that at the commencement of this Constitution, every person who has his domicile in the territory of India and
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 28
Under section 446(3) of the CrPC, penalty mentioned in the surety bond
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 28
Section 446 of the CrPC generally deals with the procedure when a bond is forfeited. Clause 3 expressly states that the Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 29
Decree may be
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 29
According to section 2(2) of the Code of Civil Procedure, a decree is the formal expression of an adjudication in a civil court. It can be either preliminary or final. A preliminary decree determines the rights and liabilities of the parties but does not completely dispose of the suit, while a final decree completely disposes of the suit.
Therefore, option 3 is the correct answer.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 30
The provisions of the Maharashtra Rent Control Act, 1999 shall, in the first instance, apply to premises let for the purpose of residence, education, business, trade or storage in the areas specified in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 30
Section 2 of the Maharashtra Rent Control Act deals with the application of the Act. According to the section, this Act shall, in the first instance, apply to premises let for the purpose of residence, education, business, trade or storage in the areas specified in schedule I and schedule II.
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