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


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30 Questions MCQ Test Maharashtra Judicial Services Mock Test Series 2025 - Maharashtra Judicial Services Prelims Mock Test - 3

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Maharashtra Judicial Services Prelims Mock Test - 3 - Question 1

Which of the following is not a 'public document'?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 1
In the case of State v. Gian Singh, the court has said that a bare reading of the provisions of S. 174 of the Code shows that the post-mortem report is obtained by the investigating officer during investigation of the case to find out the cause of the death. The inquiry as contemplated under S. 174 of the Code so not to be extended for the purpose of finding out the person who caused the death. The post-mortem report is to form a part of the police file. Although this file is to be produced before the Magistrate at the time of remand, yet the report of the Medical Officer forming part of it cannot be made public by the Magistrate.
Therefore, it is clear that post-mortem report is not a public document.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 2

A police officer is bound to register an FIR upon receiving any information relating to commission of a cognisable offence under Section 154 of CrPC.'
It was observed by the Supreme Court in the case of

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 2
In this case of Lalita Kumari v. State of UP, the Supreme Court of India on 12th November, 2013, held as under that registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognisable offence and no preliminary inquiry is permissible in such a situation.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 3

The landlord is permitted to increase the rent under the Maharashtra Rent Control Act

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 3
Sec. 12 of the Maharashtra Rent Control Act deals with increase in rent on account of payment of rates, etc. It says that where a landlord is required to pay to government or to any local authority or statutory authority in respect of any premises any fresh rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and building, or increase in rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, he shall, notwithstanding anything contained in any other provisions of this Act but save as otherwise expressly provided in any other law for the time being in force, be entitled to make an increase in the rent of such premises: provided that the increase in rent shall not exceed the amount of any such rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings, as the case may be.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 4

'A', by falsely pretending to be in the civil service, intentionally deceives 'Z', and thus dishonestly induces 'Z', to let him have on credit goods for which he does not mean to pay. 'A' has committed the offence of

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 4

Section 415 of IPC states, "Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.".
Thus, A has committed the offence of cheating.

Maharashtra Judicial Services Prelims Mock Test - 3 - Question 5
Section 8 of the Indian Evidence Act, 1872 deals with
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 5
According to Section 8 of Indian Evidence Act of 1872, any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact and whether it was previous or subsequent thereto.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 6
Presumption as to absence of consent in certain prosecutions of rape cases is raised by
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 6
Section 114A of the Indian Evidence Act deals with presumption as to absence of consent in certain prosecutions for rape.
In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 7
Which of the following articles of the Indian Constitution is related to doctrine of self incrimination?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 7
Article 20(3) of the Constitution states that no person, accused of any offence, shall be compelled to be a witness against himself.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 8
In execution of a decree for the maintenance, salary of a person can be attached to the extent of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 8
According to Section 60(ia) of the CrPC, in execution of a decree for the maintenance, salary of a person can be attached to the extent of one third of the salary.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 9
The Limitation Act, 1963 repealed the Indian Limitation Act of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 9
The Limitation Act, 1963 repealed the Indian Limitation Act of 1908.
The main problem with the Act, 1908 was that the claimant had to know what method of action he had for the standard limitation period to apply. The Act also suffered from drafting problems.Thus it was finally repealed by The Limitation Act,1963.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 10
Under Section 36 of the Specific Relief Act of 1963, the preventive relief is granted by
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 10
Section 36 of the Specific Relief Act of 1963 says that preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
(1) Temporary injunctions are such as are to continue until a specified time or until the further order of court and they may be granted at any stage of a suit and are regulated by the Code of Civil Procedure, 1908.
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right or from the commission of an act, which would be contrary to the rights of the plaintiff.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 11
A contract is voidable under Section 21
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 11
As per Section 21 of the Contract Act, a contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 12
Rescission may not be adjudged by the court where
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 12
Section 27 of the Specific Relief Act deals with situations when rescission may be adjudged or refused. Section 27 states:
Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:—
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 13
The delivery of goods and payment of price are
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 13
Unless agreed, delivery of the goods and payment of price are concurrent conditions; that is to say that seller shall be ready and willing to give possession of the goods to the buyer in exchange of the price and the buyer shall be ready and willing to pay the price in exchange of possession of the goods.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 14
Who can issue a search warrant to search a post-office?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 14
Under section 93 (3) CrPC, a District Magistrate or Chief Judicial Magistrate may issue a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 15
Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
This definition is provided under:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 15
As per Section 54 of the Transfer of Property Act, 1882, sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 16
In which section of the Specific Relief Act, 1963, has the provision regarding perpetual injunction been made?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 16
Section 38 in the Specific Relief Act, 1963, deals with perpetual injunction when granted.
(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 17
The doctrine that is highlighted in the famous case of Royal British Bank v. Turquand is:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 17
In Royal British Bank v. Turquand, 6 E & B 327, it was held that people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not.
This is the famous case of company law and it enunciated the principle of indoor management.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 18
Which of the following is/are strong evidence(s), or test(s), of the partnership?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 18
As per Section 4 of the Partnership Act, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.
Thus, it is evident that sharing of profits among partners is the deciding factor.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 19
Offences against human body are provided under which of the following chapters of IPC?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 19
Chapter XVI deals with 'offences affecting the human body' from Section 299 to 377.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 20
Under Article 236 of Constitution of India, the expression 'judicial service' means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 20
Article 236(b) of the Constitution of India defines the term "judicial service" as follows:
"The expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge."
Therefore, the judicial service includes all civil judicial posts, from the lowest (such as Munsif or Civil Judge (Junior Division)) to the highest (District Judge). The other options are incorrect.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 21

Statements:
(a) A person can be Governor of two or more States.
(b) The Governor shall hold office during the pleasure of Prime Minister.

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 21

It is expressly stated in Article 153 of the Constitution of India that there shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States. Therefore, statement (a) is correct.
Article 156 in the Constitution of India provides for the term of office of Governor. Clause (1) clearly states that the Governor shall hold office during the pleasure of the President. Therefore, statement (b) is not correct.

Maharashtra Judicial Services Prelims Mock Test - 3 - Question 22
Opinions of an expert under Section 45 of Evidence Act
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 22
Section 45 of the Indian Evidence Act deals with the opinions of experts. According to the section, when the court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 23

When suit is withdrawn by plaintiff with liberty to institute a fresh suit, plaintiff shall be bound:

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

When a plaintiff withdraws a suit with the liberty to institute a fresh suit, it means that the plaintiff is allowed to file a new lawsuit on the same matter at a later date. However, the plaintiff has to initiate the new lawsuit within the limitation period that is applicable to the specific case, starting from the date on which the court grants them the liberty to file the fresh suit.
For example, if the limitation period for the type of case is three years, and the plaintiff is granted the liberty to file a fresh suit on a certain date, they must start their new lawsuit within three years from that specific date. This is to ensure that the plaintiff does not unduly delay the legal process by withdrawing and re-initiating lawsuits while complying with the relevant statutory limitations.
This is in conformity with the provision contained in Order XXIII Rule 2 of the Code of Civil Procedure which states that in any fresh suit instituted on permission granted, the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.
Therefore, option 2 is the answer.

Maharashtra Judicial Services Prelims Mock Test - 3 - Question 24
The appropriate Government may, without the consent of the person sentenced, commute
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 24
Section 433 of the Code of Criminal Procedure deals with the power to commute sentence. The appropriate Government may, without the consent of the person sentenced, commute-
(a) a sentence of death, for any other punishment provided by the Indian Penal Code;
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;
(d) a sentence of simple imprisonment, for fine.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 25
A beats B which resulted in dislocation of B's bone. A committed an offence under the Indian Penal Code, punishable under:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 25
According to Section 320 of the Indian Penal Code, the following kinds of hurt only are designated as "grievous":
  • Emasculation
  • Permanent privation of the sight of either eye
  • Permanent privation of the hearing of either ear
  • Privation of any member or joint
  • Destruction or permanent impairing of the powers of any member or joint
  • Permanent disfiguration of the head or face
  • Fracture or dislocation of a bone or tooth
  • Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits
Section 325 of the Code provides the punishment for voluntarily causing grievous hurt. According to the section, whoever, except in the case provided for by Section 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 26
Under Section 18 of Limitation Act, where the writing containing the acknowledgement is undated,
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 26
Section 18 of the Limitation Act deals with effect of acknowledgment in writing. According to the section,
(1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872, oral evidence of its contents shall not be received.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 27
Where there is a breach of warranty by the seller:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 27
Section 59 of the Sale of Goods Act provides the remedy for breach of warranty.
(1) Where there is a breach of warranty by file seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 28
A sells by auction, to B, a horse which A knows to be unsound, A says nothing to B about the horse's unsoundness.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 28
According to the explanation appended to section 17 of the Indian Contract Act, mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
Thus, in the given scenario, A's silence does not amount to fraud.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 29
At the first hearing of the suit, the court shall examine orally the parties present in the court under Order 10 Rule 2 of the CPC
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 29
Order X of the CPC contains provisions regarding examination of parties by the court. Rule 2(1) of this order expressly states that at the first hearing of the suit, the Court—
(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and
(b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.
Maharashtra Judicial Services Prelims Mock Test - 3 - Question 30
Public record kept in any state of private documents is:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 3 - Question 30
According to Section 74 of the Indian Evidence Act, the following documents are public documents:
(1) Documents forming the acts, or records of the acts––
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, of any part of India or of the commonwealth, or of a foreign country.
(2) Public records kept in any state of private documents.
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