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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Delhi Judicial Services Mock Test Series 2024  >  Delhi Judicial Services Prelims Mock Test - 7 - Judiciary Exams MCQ

Delhi Judicial Services Prelims Mock Test - 7 - Judiciary Exams MCQ


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30 Questions MCQ Test Delhi Judicial Services Mock Test Series 2024 - Delhi Judicial Services Prelims Mock Test - 7

Delhi Judicial Services Prelims Mock Test - 7 for Judiciary Exams 2024 is part of Delhi Judicial Services Mock Test Series 2024 preparation. The Delhi Judicial Services Prelims Mock Test - 7 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Delhi Judicial Services Prelims Mock Test - 7 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Delhi Judicial Services Prelims Mock Test - 7 below.
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Delhi Judicial Services Prelims Mock Test - 7 - Question 1
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Which of the following is not a necessary requirement for proper procedure of arrest under Section 41B of Cr.P.C.?

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 1

Section 41B deals with the procedure of arrest and duties of officer making arrest.
Every police officer, while making an arrest, shall
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification
(b) prepare a memorandum of arrest which shall be:
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made
(ii) countersigned by the person arrested and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest
Therefore, it is clear that option (4) is the correct answer.

Delhi Judicial Services Prelims Mock Test - 7 - Question 2
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Which of the following statements is/are correct in the light of provisions of Article 352?

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 2
The President can issue different types of proclamations on different grounds. The President is not prevented from proclamation of emergency when another type of emergency is already in operation. The President can proclaim national emergency only on the written advice of the Cabinet.
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Delhi Judicial Services Prelims Mock Test - 7 - Question 3
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Directions: In the following question, there is a certain relationship between two given words on each side of (: :). One word is given on the other side of (: :), while the second word is to be found from the given alternatives. Find the missing word having the same relationship with the other word as that between the words of the other given pair.
Lions : Pride : : Wolves : ?

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 3

A group of lions is called a pride, whereas a group of wolves is called a pack.

Delhi Judicial Services Prelims Mock Test - 7 - Question 4
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A executes an agreement with B, who is a minor, aged 17 years, at the time of the execution of the agreement. After attaining majority, the erstwhile minor
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 4
After attaining majority, the erstwhile minor cannot ratify the agreement. The agreement entered into by a minor is void ab initio and a minor can't ratify an agreement on attaining the age of majority. The agreement cannot be validated.
One of the reason for the rule that a minor cannot ratify an agreement after attaining majority is that when the agreement was entered into during the minority there was no 'proper consideration' and the 'bad consideration' is not enough for validating that agreement by its ratification.
Delhi Judicial Services Prelims Mock Test - 7 - Question 5
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Under Section 45 of the Evidence Act, which of the following has not been mentioned as a point upon which opinion of experts is relevant?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 5

The definition of an expert may be referred from the provision of Section 45 of the Indian Evidence Act. It says that an 'expert' means a person who has special knowledge, skill or experience in any of the following areas:
(1) foreign law;
(2) science;
(3) art;
(4) handwriting; or
(5) finger impression.
So, the definition of an expert is confined only to the five subjects or fields as mentioned above. Therefore, the right answer would be 'point of domestic law'.

Delhi Judicial Services Prelims Mock Test - 7 - Question 6
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Directions: In the following question, choose the word from the options which is opposite in meaning to the given keyword.
Collide
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 6

Collide' means 'hit by accident when moving'. 'Escape' means 'succeed in avoiding or eluding something dangerous'.

Delhi Judicial Services Prelims Mock Test - 7 - Question 7
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Consider the following statements with regard to summary trial under the Criminal Procedure Code and choose the correct answer with the help of the code given below:
(1) Offences under Sections 454 and 456 of the Indian Penal Code may be tried by summary trial.
(2) Sentence under summary trial shall not be passed for less than three months.
(3) Procedure of trial of summons case shall be followed in summary trial.
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 7

Section 260 of the Cr.P.C. empowers the courts to try an offence summarily. Clause (3) specifically lists out those offences which can be tried summarily. Out of those, offences under Sections 454 and 456 of the Indian Penal Code have been stated to be tried summarily. Section 262 provides that the procedure of trial of summons case shall be followed in summary trial and that the maximum punishment that can be awarded under such trials is three months.

Delhi Judicial Services Prelims Mock Test - 7 - Question 8
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The main difference between Sections 324 and 326, Indian Penal Code, 1860, is that of the
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 8
Section 324 states that for the application of this Section, the act can be caused with the help of any deadly weapon, instrument or by any substance, whereas under Section 326 of the Indian Penal Code deals with the acts where the injury that caused, or is likely to cause, death of the person was committed by using dangerous weapons used for cutting, stabbing, shooting or any other measure like fire, explosive substances. Therefore, the main difference between Sections 324 and 326, Indian Penal Code, is that of the use of weapons or means.
Delhi Judicial Services Prelims Mock Test - 7 - Question 9
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Communication of acceptance is complete as against the proposer:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 9
Section 4 of the Contract Act provides that the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. However, communication of acceptance is complete as against the proposer when the letter of acceptance is put in a course of transmission to him so as to be out of the power of the acceptor.
Delhi Judicial Services Prelims Mock Test - 7 - Question 10
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Who was the first Chief Justice of India?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 10
The Chief Justice of India is the head of the judiciary of India and the Supreme Court of India. The CJI also heads administrative functions. Harilal Jekisundas Kania (H.J. Kania) was the first Chief Justice of India. He served as the Chief Justice of India for one year from 1950 to 1951. He died of a heart attack while serving in office in 1951. Acting as Chief Justice, he read oath to Dr. Rajendra Prasad, India's first President.
Delhi Judicial Services Prelims Mock Test - 7 - Question 11
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Gross National Product minus Depreciation Allowance equals
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 11
Net National Product (NNP) is Gross National Product minus Depreciation Allowance for the wearing out of machines and buildings during the period.
In other words, NNP = Gross National Product - Depreciation Allowance
Since NNP counts only the net additions to the nation's stock, it is less than GNP.
Delhi Judicial Services Prelims Mock Test - 7 - Question 12
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The question of title is irrelevant in a suit under Section 6 of the Specific Relief Act, 1963. This statement is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 12
A suit under Section 6 of the Act is often called a summary suit, as the enquiry in the suit under Section 6 is confined to finding out the possession and dispossession within a period of six months from the date of the institution of the suit, ignoring the ques­tion of title.
Thus, the question of title is irrelevant in a suit under Section 6 of the Specific Relief Act, 1963. This statement is true.
Delhi Judicial Services Prelims Mock Test - 7 - Question 13
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The provisions of Section 126 of the Evidence Act, dealing with confidentiality of professional communication, shall apply to
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 13
Section 126 in the Indian Evidence Act, 1872 deals with professional communications. It says that no barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client. Therefore, right answer is all of the above.
Delhi Judicial Services Prelims Mock Test - 7 - Question 14
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Section 75 of the Indian Evidence Act, 1872 deals with
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 14
Section 75 of the Indian Evidence Act, 1872 deals with what are private documents.
Section 74 of the Indian Evidence Act, 1872 deals with what are public documents.
Thus, option 2 is the correct answer.
Delhi Judicial Services Prelims Mock Test - 7 - Question 15
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The doctrine of necessity has been elaborately considered in the landmark decision of:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 15
The case of R v. Dudley and Stephens (1884) 14 QBD 273 talks about the availability to the defence of necessity for murder. It was held in the case that the defence of necessity was not available as a defence to murder. It is not possible to justify the killing of one individual in order to save the life of another on the basis that the killing is necessary to do so.
Delhi Judicial Services Prelims Mock Test - 7 - Question 16
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The Court may presume
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 16
As per Section 114 of The Indian Evidence Act, 1872, Court may presume existence of all the above mentioned cases.
Delhi Judicial Services Prelims Mock Test - 7 - Question 17
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Which is the first country in Southeast Asia to legalise the use of marijuana medically (in 2018)?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 17
Thailand's legislature agreed to amend the country's drug law to allow the licensed medical use of marijuana, as well as the kratom, a locally grown plant traditionally used as a stimulant and painkiller.
Thailand is the first country in Southeast Asia to take such action, which is also under consideration in neighbouring Malaysia.
The changes, which become law when published in the Royal Gazette, legalise the production, import, export, possession and use of marijuana and kratom products for medical purposes.
Recreational use of the drugs remains illegal and subject to prison terms and fines commensurate with the quantities involved.
Delhi Judicial Services Prelims Mock Test - 7 - Question 18
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Which of the following sections in the Indian Penal Code was dealt with in the judgment of the Supreme Court in Navtej Singh Johar v. Union of India?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 18
On 6 September, 2018, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual sex between adults was "unconstitutional, irrational, indefensible and manifestly arbitrary". However, portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.
Delhi Judicial Services Prelims Mock Test - 7 - Question 19
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Which of the following is/are offence(s) under the Indian Penal Code?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 19
Section 294A of the Indian Penal Codes defines the offence of "Keeping lottery office".
Sections 292 and 293 of the Indian Penal Code define the offences stated under options 2 and 3, respectively.
Therefore, all of the above are offences as per IPC.
Delhi Judicial Services Prelims Mock Test - 7 - Question 20
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In execution of a decree for maintenance, salary of the judgement debtor who is a manager in a bank can be attached to the extent of:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 20
Section 60 of the CPC says, "One third of the salary in execution of any decree for maintenance shall not be liable to attach." That means, in execution of a decree for maintenance, salary of the judgement debtor who is a manager in a bank can be attached to the extent of 2/3rd.
Delhi Judicial Services Prelims Mock Test - 7 - Question 21
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Bar of Limitation Act is applied to:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 21
According to Section 3 clause (1) of the Limitation Act, 1963, subject to the provisions contained in Sections 4 to 24 (inclusive), 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.
Delhi Judicial Services Prelims Mock Test - 7 - Question 22
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Which one of the following is not an offence punishable under Indian Penal Code, 1860?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 22
Under the scheme of the Indian Penal Code, the preparation for the following offences has been made punishable:
(i) Section 122: Preparing to wage war against the Government of India
(ii) Section 126: Preparing to commit depredation on the territory of friendly State of the Government of India
(iii) Section 351: Preparing to commit assault
(iv) Section 399: Preparing to commit dacoity
Thus preparing to commit suicide is not an offence punishable under Indian Penal Code, 1860.
Delhi Judicial Services Prelims Mock Test - 7 - Question 23
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The period of limitation for preferring an appeal from a decree passed by a court subordinate to the High Court to a High Court from the date of the decree is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 23
Article 116(a) of the Schedule of the Limitation Act, 1963.
Delhi Judicial Services Prelims Mock Test - 7 - Question 24
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A' filed a suit for recovery of Rs. 10 lakhs against 'B'. It was B's case that 'A' owed him Rs. 20 lakhs but 'B' had not filed a suit to claim the said amount as the limitation period had expired. Which of the following is true?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 24
Under the Code of Civil Procedure (CPC) in India, a defendant can assert a right of set off in the written statement. Set off is a legal right to adjust or set off a claim against a demand of the opposite party. In this case, B can claim a set off for the amount he believes A owes him (Rs. 20 lakhs) in the written statement filed in response to A's suit for recovery of Rs. 10 lakhs. This allows B to assert his claim as a defence in the same suit rather than filing a separate suit for the amount.
Delhi Judicial Services Prelims Mock Test - 7 - Question 25
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Which of the following is considered to be a 'Body Corporate' under the Limited Liability Partnership Act, 2008?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 25
According to Section 2(d) of the Limited Liability Partnership Act, "body corporate" means a company as defined in clause (20) of Section 2 of the Companies Act, 2013 and includes—
(i) a limited liability partnership registered under this Act;
(ii) a limited liability partnership incorporated outside India; and
(iii) a company incorporated outside India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered under any law for the time being in force; and
(iii) any other body corporate (not being a company as defined in clause (20) of Section 2 of the Companies Act, 2013 or a limited liability partnership as defined in this Act), which the Central Government may, by notification in the Official Gazette, specify in this behalf.
Therefore, option 2 is the answer.
Delhi Judicial Services Prelims Mock Test - 7 - Question 26
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X' was acquitted by the trial. However, on appeal filed by the State, the High Court reversed the order of acquittal, convicted him and sentenced him to imprisonment for a term of ten years. The remedy available to 'X' will be:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 26
Section 379 of the Code of Criminal Procedure provides for appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. Therefore, in the given situation, X may appeal to the Supreme Court.
Delhi Judicial Services Prelims Mock Test - 7 - Question 27
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Mr. A filed a suit for eviction and recovery of arrears of rent against Mr. Y in respect of a commercial shop basis legal notice dated 01.12.2022. Mr. Y filed a written statement stating that he is not a tenant in the premises and it is his son Mr. X who is the tenant in occupation of the said commercial shop. Mr. A filed an application for impleadment of Mr. X as defendant no. 2 in view of the said averments made in the written statement. Both Mr. X and Mr. Y opposed the impleadment application on the ground that Mr. X cannot be impleaded in the present suit and a separate suit is to be filed. Is this impleadment application maintainable or not?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 27
In the given situation where Mr. Y, in his written statement, claims that it is his son Mr. X who is the tenant in occupation of the commercial shop, the plaintiff (Mr. A) may have a legitimate reason to implead Mr. X as a party in the lawsuit. This is particularly relevant if the relief sought by the plaintiff involves eviction and recovery of arrears of rent from the tenant (Mr. X) named by Mr. Y. Option 3 reflects the idea that, based on the defence raised by Mr. Y, there is doubt or uncertainty about the actual occupant of the premises. Impleading Mr. X in the suit would allow for a complete and effective adjudication of the matter, ensuring that all parties with an interest in the dispute are properly before the court.
While option 4 mentions Section 151 of the Civil Procedure Code (CPC), it's important to note that the impleadment of parties is often addressed by specific provisions in the CPC, such as Order 1 Rule 10.
Delhi Judicial Services Prelims Mock Test - 7 - Question 28
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When the Magistrate/Court of Session takes cognizance under Sections 190/193 CrPC, it takes cognizance of
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 28
Cognizance refers to the stage when the Court becomes aware of the alleged commission of an offence and decides to proceed with the case. When a Magistrate or Court of Session takes cognizance under Sections 190/193 of the Code of Criminal Procedure (CrPC), it means that the judicial authority has applied its mind to the facts and circumstances presented before it, and it has decided to initiate legal proceedings regarding a particular offence. At this stage, the focus is on the offence itself rather than on any specific individual. The Court is not concerned with identifying or taking cognizance of a particular person as the offender. The Court's role is to examine the material placed before it to determine whether there is enough ground to proceed with the trial based on the commission of a specific offence.
Therefore, option 1 is the correct answer.
Delhi Judicial Services Prelims Mock Test - 7 - Question 29
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Choose the correct spelling:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 29
The correct spelling is A-C-Q-U-I-E-S-C-E. It is a verb that means to accept or comply with something reluctantly but without protest. When someone acquiesces, they essentially yield to a request, demand, or situation without expressing strong opposition.
Delhi Judicial Services Prelims Mock Test - 7 - Question 30
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Which of the following Sections deals with evidence of prosecution?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 7 - Question 30
Section 242 Cr.P.C. deals with evidence for prosecution.
According to the Section,
(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241, the Magistrate shall fix a date for the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
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