West Bengal Judicial Services Prelims Mock Test - 4 - Judiciary Exams MCQ

As per the given above sentence is given in Passive Voice.
Use structure “To + subject( object ) + auxiliary + past participle”
To resign was his obligation.
Therefore ,required answer will be option B .

Use structure “subject + past participle + object”
As per the given above sentence is given in Passive Voice.
The flattery of his assistant disgusted him.
Therefore , required answer will be option A .

We can say that ,
The above given sentence is given in Passive Voice :-
Use structure “subject + auxiliary + past participle + by + object”
The entire block will be demolished by them.
Therefore , required answer will be option C .

The fact that ‘domestic cats defend their territories’ holds the context of the sentence. In this regard, only the word ‘territorial’ fits in the blank correctly.
This eliminates all other options.
Meanings of the given words:
Territorial (adjective): relating to the ownership of an area.
Timid (adjective): showing a lack of courage or confidence; easily frightened.
Social (adjective): relating to society or its organization.
So, the correct option is C. 

One word substitution is Versatile.

Versatile: able to adapt or be adapted to many different functions or activities.
Nubile: sexually mature; old enough for marriage.
Exceptional: unusually good; outstanding.
Gifted: having exceptional talent or natural ability.
 

The idiom beat a dead horse implies that a matter has already been settled and there is no point to bring it up again for discussions. It is only wastage of time to gloss over the same thing again and again. Among the given options, we can easily pick out option D since it gives us the correct meaning of the underlined part whereas the rest can be eliminated for being irrelevant here.

This makes option D the correct choice among the given options.

immigrant : a person who has come to live permanently in a country

The correct order will be:
The national unity of a free people → depends upon a sufficiently even balance of political power (R)→ against a revolutionary opposition that is irreconcilably opposed to it (S)→ to make it impracticable (P)→ for there to be an arbitrary administration. (Q)

November 25 is recognized as the International Day for the Elimination of Violence Against Women, a significant date designated by the United Nations to spotlight and address the global issue of violence faced by women.

The correct answer is the Blackbuck.

Important Points

• The Blackbuck is the state animal of Haryana. In India hunting of Blackbuck is ban under the Wildlife Protection Act of 1972, due to excessive hunting and habitat degradation of Blackbucks during the 20th century.
• The Blackbuck or an Indian antelope are found in India, Nepal, and Pakistan. They have a lifespan of approximately 10 to 15 years.

Additional Information

• Black Francolin of the pheasant family is the State bird of Haryana.
• There are 2 National parks located in Haryana viz, Sultanpur National Park located in Gurugram and Kalesar National Park located in Yamunanagar.
• Chinkara also known as Indian Gazelle is the state animal of Rajasthan.

C is the correct option. The unusual chain was according to some accounts made of gold, was eighty feet long, and had sixty bells attached to it, linking Agra Fort to a post by the nearby riverbank. It was known simply as the "chain of justice," and forging it was one of Nuruddin Jahangir's first acts as leader of the Mughal Empire
 

The underlying object for the provision for reference is to enable subordinate courts to obtain the opinion of the High court in non-appealable in the absence of a question of law thereby avoiding the commission of error which could not be remedied later on.
Section 113 of the civil code empowers a subordinate court to state a case and refer the same for the opinion of the High court. Such an opinion can be sought when the court itself feels some doubt about a question of law. The High court may make such order as it thinks fit. Such an opinion can be sought by a court when the court trying a suit, appeal or execution proceedings entertain reasonable doubt a question of law.

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority. Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information commission or the State information commission:

Provided that the central information commission or the state information commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Option (1) is incorrect: No fresh suit shall be brought on the same cause of action.
Option (2) is incorrect: No fresh suit shall be brought on the same cause of action.
Option (3) is correct: When a suit under Order 22 of the CPC abates or dismissed, no fresh suit shall be brought on the same cause of action.
Option (4) is incorrect: No fresh suit shall be brought on the same cause of action whether sufficient cause is shown or not.

In cash credit account there are debits and credits and the account is a running one. The Clayton’s Rule allies and the first deposit by the borrower is applied to satisfy the first advance or withdrawal by the customer. The limitation for recovery of the outstanding amount in the cash credit account is 3 years from the last deposit made by the borrower in the account provided the pay in slip is available with the bank. The positions the same so far as overdraft account is concerned. In term loan account, the loan is payable in installments. The limitations in respect of each installment will be 3 years from the due date of payment and as such for the bank waives the defaults then the limitation will be from the last date on which the last installment was payable from which 3 years will be available. The general rule is 3 year period is available for recovery of each advance made to the borrower in case of the advances being payable on demand. In other accounts the limitation will be 3 years from the date when the bank is entitled to claim payment. In terms loans the limitation commences from each default in payment of installment. In case of waiver of default, the limitation commences from the date of last default in payment of the last installment as originally fixed, articles 37 of limitation Act will apply, official liquidator v Mohan lal (1978) 48 com case 271.

Provisions of set-off are specified in CPC under Order VIII Rule 6.
If there are mutual debts between a plaintiff and a defendant in a proceeding, the defendant may, by way of defence, set-off against the plaintiff's claim any debt owed by the plaintiff to the defendant that was due and payable at the time the defence of set-off was filed.

Option (4) is correct as acceptance of a proposal subject to conditions creates a counter offer; thus, there is no contract.
Option (1) is incorrect. The voidable contract is the one which is valid at the option of one of the parties but not at the option of the other party.
Option (3) is incorrect as the proposal accepted as such cannot be valid.

The correct answer is The defendant

Key Points
Under Section 17 of the Limitation Act 1963, where to the cause of any suit or application for which a period of limitation is prescribed by this act –

1. The suit or application is based upon the fraud of the dependant or respondent or is agent or
2. The knowledge at the right or title on which a suit or application is founded in concealed by the fraud of any such personas a foresaid or
3. The suit or application is the relief from the consequences of a mistake or
4. Where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him.

The period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake take or could, with reasonable diligence, have discovered it or in the case of a concealed document, until the plaintiff or the applicant first has the means of producing the concealed document or compelling its production.

Section 119 in The Indian Evidence Act, 1872:
Dumb witnesses — A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed oral evidence.

Under Section 6(2)(a) of the Specific Relief Act, 1963, If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof,notwithstanding any other title that may be set up in such suit. No suit under this section shall be brought after the expiry of six months from the date of dispossession.

When two or more persons join together for common action, then all the persons are jointly and severally liable for any tort committed in the course of such action. There are three principles in English Common Law with regard to the liability of joint tortfeasors.
The first principle is that the liability of wrongdoers is joint and several, i.e. each is liable for the whole damage. The injured may sue them jointly or separately.

Statement 2 is incorrect.
A magistrate under sec 156(3) of Code of Criminal Procedure, 1973, may order further investigation in a cognizable offence to the police.

Section 3(2)(e) in the Indian Evidence Act, 1872 provides that Evidence means and includes—
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence.

"A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated." Provisions for the above have been provided under Sections 59 to 61 of Indian Contract Act, 1872 which read as following:
Section 59 of the Indian Contract Act, 1872 deals with application of payment where debt to be discharged is indicated - It states that where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying, that the payment is to be applied to the discharge of some particular debt, the payment, if accepted, must be applied accordingly.
Section 60 of the Indian Contract Act, 1872 deals with application of payment where debt to be discharged is not indicated - It states that where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitations of suits.
Section 61 of the Indian Contract Act, 1872 deals with application of payment where neither party appropriates- It states that where neither party makes any appropriation, the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal standing, the payment shall be applied in discharge of each proportionably.

Lalman Shukla V. Gauri Dutt is touted as a landmark judgment for the validity of the contract under the Indian Contract Act, 1872. The case was filed in the Allahabad High Court in the year 1913 and was presided over by Justice Banerji at the Allahabad High Court.
In this case, the defendant Gauri Dutt's Nephew had absconded and was nowhere to be found. After the defendant became aware of the same, Dutt had sent all the servants in search of the missing nephew. The plaintiff Lalman Shukla was one of the servants who had gone out in search of the nephew. The plaintiff eventually found him and brought him back.
In the said case, the petitioners' appeal against the respondent Gauri Dutt was dismissed by the court. After analyzing all the facts of the case, the honourable High Court held that for creating or entering into a valid contract there has to be knowledge and assent to the offeree made by the proposer. Here, the plaintiff did not know the reward before performing his act. He only came to know about it later, in which case there was no possibility of accepting the offer. Hence, there was no contract.

Section 164 of the Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate, to record confessions and statements. The same is to be exercised only during the course of investigation under Chapter XII of the Code.

'Plea Bargaining' has been introduced in the Criminal Procedure Code through the Criminal Law (Amendment) Act, 2005, which was passed by the parliament. 'Plea Bargaining' can be defined as pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange of certain concessions by the prosecution.
'Plea Bargaining' is applicable in respect of those offences for which punishment is up to a period of 7 years.

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred.
Option 2 is correct. This is not a sufficient ground on the basis of which an aggrieved person not apply for a review of an order or judgement of a Civil Court.
An aggrieved person can file for review under the following circumstances:
(a) cases in which appeal lies but not preferred,
(b) cases in which no appeal lies,
(c) decisions on reference from Court of Small Causes
Option (3) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which no appeal is allowed.
Option (4) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decision on a reference from a court of small cause.