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Maharashtra Judicial Services Prelims Mock Test - 4 - Judiciary Exams MCQ


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30 Questions MCQ Test - Maharashtra Judicial Services Prelims Mock Test - 4

Maharashtra Judicial Services Prelims Mock Test - 4 for Judiciary Exams 2025 is part of Judiciary Exams preparation. The Maharashtra Judicial Services Prelims Mock Test - 4 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Maharashtra Judicial Services Prelims Mock Test - 4 MCQs are made for Judiciary Exams 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Maharashtra Judicial Services Prelims Mock Test - 4 below.
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Maharashtra Judicial Services Prelims Mock Test - 4 - Question 1
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Section 23 of the Indian Evidence Act, 1872, deals with:

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 1
Section 23 of the Indian Evidence Act, 1872, provides for the provision when admission in civil cases is relevant. It states - In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation - Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.
Section 22 of the Indian Evidence Act, 1872, states provision of relevancy of oral admissions as to contents of documents.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 2
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'Equality of opportunity in matters of public employment' is mentioned in

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 2

Art. 16 deals with equality of opportunity in matters of public employment. It says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.

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Maharashtra Judicial Services Prelims Mock Test - 4 - Question 3
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A proclaimed person whose property has been attached, can claim the property or the proceeds of the sale, on appearance

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 3
Section 85 of the Criminal Procedure Code provides for release, sale and restoration of attached property. Sub-section 3 provides that a proclaimed person whose property has been attached, can claim the property or the proceeds of the sale, on appearance within two years.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 4
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When the officer in-charge of the police station receives information that a person has committed suicide, he will immediately report to the
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 4
Under Section 174 CrPC, the officer in-charge of the police station is under obligation to give intimation thereof to the nearest Executive Magistrate empowered to hold inquests.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 5
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Section 26 of the Specific Relief Act, 1963, contains the provision regarding
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 5

Section 26 of the Act lists the conditions when instrument may be rectified. It says that:
When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956) applies] does not express their real intention, then-
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument
(2) If, in any suit in which a contract or other instrument is sought to be rectified under Sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, order direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this Section unless it has been specifically claimed: Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.

Maharashtra Judicial Services Prelims Mock Test - 4 - Question 6
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Mandar borrows Rs. 17,000 from Suresh and gives a bond for Rs. 34,000 payable in 4 instalments of Rs.8,500 each. There is stipulation that in case of default of payment of any instalment, whole amount shall become payable. Such an agreement is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 6
Section 74 of the Contract Act states, ''When a contract has been broken, and if a sum is named in the contract as the amount to be paid for such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for.''
Therefore, it is clear that right answer is 'stipulation by way of penalty'.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 7
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'Local Law' mentioned under Section 42 of the Indian Penal Code, 1860, means a law applicable to
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 7

Section 42 IPC defines the term 'Local Law', which means a law applicable only to a particular part of India.

Maharashtra Judicial Services Prelims Mock Test - 4 - Question 8
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The Indian Evidence Act, 1872 is not exhaustive. Many rules relating to law of evidence are contained in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 8
The Indian Evidence Act, 1872 is not exhaustive. Many rules relating to law of evidence are contained in Code of Civil Procedure, 1908.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 9
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The object of which of the following provisions of the Code of Civil Procedure inserted by the Amendment Act, 1999 is to promote alternate method of dispute resolution?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 9
Section 89 came to be incorporated in the CrPC Amendment Act, 1999 to resolve disputes without going to trial and pursuant to the recommendations of Law Commission of India. Section 89 came into being in its current form on account of the enforcement of the CPC (Amendment) Act, 1999 with effect from 1/7/2002. At the commencement of the Code, a provision was provided for Alternate Dispute Resolution. However, the same was repealed by the enactment of the Arbitration Act (Act 10 of 1940) under Section 49 and Sch. 10. The old provision had reference only to arbitration and its procedure under the Second Schedule of the Code. It was believed after the enactment of the Arbitration Act, 1940, the law had been consolidated and there was no need of Sec 89.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 10
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A, not the owner of a car, agrees to sell the same to B. B fails to pay the amount. The suit for specific performance of the agreement will be governed by
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 10
The provision relating to specific performance of the agreement is given in Specific Relief Act, 1963. Section 4 of the Specific Relief Act states that: Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 11
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The protection of privileged communication is not available to
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 11
Section 126 in the Indian Evidence Act, 1872, deals with the professional communications. It mandates that no barrister, attorney, pleader or vakil shall at any time be permitted, unless his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment.
Section 127 in the Indian Evidence Act, 1872, says that the provisions of Section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys, and vakils.
Also, no person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.
Therefore, it is clear that a doctor is nowhere protected under Section 126 or 127 of the Evidence Act.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 12
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Opinion of the elderly persons in the society is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 12

Hearsay evidence is an out-of-court statement offered to prove the truth of the matter asserted therein. In courts, hearsay evidence is inadmissible, unless an exception to the hearsay rule applies. Thus, opinion of the elderly persons in the society is inadmissible in evidence, being hearsay.

Maharashtra Judicial Services Prelims Mock Test - 4 - Question 13
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Article 123 deals with:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 13
Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 14
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Under section 12 of the Transfer of Property Act,1882, where the transfer of property is subject to condition of limitations making interest therein to the benefit of person to lease on his becoming involved or endeavoring to transfer or dispose of property, such condition is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 14
Section 12 in the Transfer of Property Act, 1882, deals with the condition making interest determinable on insolvency or attempted alienation. It says that where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same, such condition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 15
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______ is the period of limitation for a suit which relates to a bill of exchange which has been accepted and has to be presented at a particular place, the said period of limitation starts when the bill is presented at that place.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 15
Article 33 of the Limitations Act, 1963 provides for the limitation period for the suits which deal with the bill of exchange that has been accepted and has to be presented at a particular place.Such period of limitation is 3 years. According to the said article, the said period of 3 years starts when the bill is presented at that place.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 16
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The specific performance of a contract shall be sought within ________ from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 16
Entry 54 of the Schedule in Limitation Act mentions the period of limitation as 3 years.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 17
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What is the period of limitation to set aside a transfer of property made by the guardian of a ward, when the ward dies before attaining majority?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 17
As per Article 60 (ii) of the Limitation Act, the limitation period is three years for any suit to set aside a transfer of property made by the guardian of a ward, when the ward dies before attaining majority. The said period of limitation of three years starts from the day when the said ward dies.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 18
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Which of the following subject matters is dealt under the case law Chinnayya v. Ramayya?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 18
In Chinnayya v. Ramayya, A has a daughter namely B and a brother namely C. A makes an offer to B, according to which A will transfer certain property to B and B has to pay annuity to C. Thus, a contract gets formed in between them. Thereafter, B promises C to pay annuity. Afterwards, B gets failed in paying annuity to C on the ground that she (B) has no consideration from C.
Here, the court decided that consideration is obtained by B from A. Accordingly, B was asked to pay annuity to C.
Thus promise to pay annuity amounted to a valid consideration.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 19
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Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit filed under the provision of Specific Relief Act shall be disposed of by the Court from the date of service of summons to the defendant within a period of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 19
Section 20C of the Specific Relief Act provides for expeditious disposal of suits. Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant:
Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 20
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Where payment on account of debt or of interest is made before the expiration of the prescribed period of limitation by the person liable to pay the debt; then
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 20
Section 19 of the Act provides that where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made:
Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.
For the purposes of this section,—
(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment;
(b) debt does not include money payable under a decree or order of a court.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 21
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When landlord filed suit for recovery of possession on the ground of bonafide requirement for the purpose of erecting new building on the same place and on undertaking that floors to be erected by the landlord include premises for each tenant with carpet area equivalent to the area of the premises in his occupation in the building sought to be demolished subject to variation of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 21
Section 16 of the Maharashtra Rent Control Act lists the cases when a landlord may recover possession. According to section 16(1), notwithstanding anything contained in this Act but subject to the provisions of section 25, a landlord shall be entitled to recover possession of any premises if the court is satisfied that the premises are reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished. Clause 6 further elaborates that no decree for eviction shall be passed unless the court is satisfied that the plans and estimates for the new building or new floor or floors to be erected by the landlord include premises for each tenant with carpet area equivalent to the area of the premises in his occupation in the building sought to be demolished subject to a variation of five per cent in area.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 22
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Where a right of easement is claimed over the property belonging to the Government, such person must have been peaceably and openly enjoyed the same for the period of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 22
Section 25 of the Limitation Act deals with the acquisition of easements by prescription. According to sub-section 1, where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible. Sub-section 3 further clarifies that where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words twenty years, the words thirty years were substituted.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 23
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Under Section 42 of Partnership Act, a firm is dissolved on the happening of certain contingencies, which do not include one of the following:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 23
Section 42 of the Indian Partnership Act provides for dissolution on the happening of certain contingencies. According to the section, subject to contract between the partners a firm is dissolved,—
(a) if constituted for a fixed term, by the expiry of that term;
(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof;
(c) by the death of a partner; and
(d) by the adjudication of a partner as an insolvent.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 24
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Under section 148 of the CPC, where any period is fixed or granted by the court for the doing of any act prescribed or allowed by the CPC, the court may enlarge such period not exceeding:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 24
Section 148 of the CPC provides for enlargement of time. According to the section, where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, not exceeding thirty days in total, even though the period originally fixed or granted may have expired.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 25
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Opinion of an expert under section 45 of the Evidence Act
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 25
Section 45 of the Indian Evidence Act deals with the opinion of experts. When the Court has to form an opinion upon a point of foreign law or of science or art, or as 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 - 4 - Question 26
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Obligation as defined u/s 2(a) of the Specific Relief Act includes every _____________ enforceable by law.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 26
Section 2 of the Specific Relief Act, 1963 deals with definitions of some terms used in the Act. According to section 2(a) obligation includes every duty enforceable by law.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 27
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The State shall take steps to separate the judiciary from the executive in the public services of the State under Article ____________ of the Constitution of India.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 27

The provision in the Constitution of India that addresses the separation of the judiciary from the executive in the public services of the State is mentioned in Article 50. Article 50 is a Directive Principle of State Policy, and states, "The State shall take steps to separate the judiciary from the executive in the public services of the State."

Maharashtra Judicial Services Prelims Mock Test - 4 - Question 28
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Mesne profits means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 28
Section 2(12) of CPC, 1908 states that mesne profits of property 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.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 29
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The landlord shall be entitled to inspect the premises let or given on licence
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 29
Section 28 of the Maharashtra Rent Control Act provides for inspection of premises. The section expressly provides that the landlord shall be entitled to inspect the premises let or given on licence, at a reasonable time after giving prior notice to the tenant, licensee or occupier. Thus, option 2 is the correct answer.
Maharashtra Judicial Services Prelims Mock Test - 4 - Question 30
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Provision for burden of proving fact especially within knowledge is given in:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 4 - Question 30
Section 106 of the Indian Evidence Act, 1872 provides for the rule regarding the burden of proving facts especially within the knowledge of a person. According to this section, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him or her. This section applies to all cases in which it becomes necessary to prove a fact which lies particularly within the knowledge of any person.
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