West Bengal Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ

The sentence means that the person in concern changed his lifestyle completely after serving his prison sentence. "Turned over a new leaf" is a phrase that is used to depict a new beginning to something.
Thus, the sentence is correct in its original form and option 4 is correct.

The word obstacle is supported by the appropriate preposition 'to'.   
Thus option 3 is the correct option.

The passage seems to center around the theme of recession. The first sentence should be P because it introduces and defines 'recession'. The next sentence would be R which gives the technical definition of 'recession'. The next two sentences are about the effects of a recession. Out of these S would come before Q as Q exemplifies S. Therefore, the correct sequence is PRSQ.

The correct answer is 'The Khyber pass'.

Key Points

• The Khyber Pass is a mountain pass in the Khyber Pakhtunkhwa province of Pakistan, on the border with the Nangarhar Province of Afghanistan.
• Since it was part of the ancient Silk Road, it has been a vital trade route between Central Asia and the Indian subcontinent and a strategic military choke point for various states that controlled it.
• Historical invasions of the Indian subcontinent have been predominantly through this Himalaya Pass, such as those of Cyrus, Darius I, Genghis Khan, and later Mongols such as Duwa, Qutlugh Khwaja, and Kebek.

Additional Information

• The Gomal pass
  • ​Gomal Pass is a mountain pass on the Durand Line border between Afghanistan and Pakistan.
  • It takes its name from the Gomal River.
  • It is midway between the legendary Khyber Pass and the Bolan Pass.
• The Bolan pass
  • ​Bolan Pass is a valley and a natural gateway, through the Toba Kakar range in the Balochistan province of Pakistan.
  • It is made up of a number of narrow gorges and stretches.
  • Strategically located, traders, invaders, and nomadic tribes have also used it as a gateway to and from South Asia.

27 → 3³; 125 → 5³; 64 → 4³

Therefore ? = 6³ = 216.

As Peacock is the national bird of India, similarly Bear is the national animal of Russia.

Section 18 of the Indian Contract Act, defines Misrepresentation. It means and includes:
(1) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true.
(2) Any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him.
(3) Causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
Therefore, when a misrepresentation has been made, all the above alternative courses are open to the aggrieved party.

A judge of the Supreme Court and High Court can be removed by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the grounds of proved misbehaviour or incapacity.

Option (1) is correct. Section 20 of the Indian Contract Act, 1872 states that agreement is void, where both the parties are under mistake as to matter of fact.
Option (2) is incorrect. Section 21 of the Indian Contract Act, 1872 provides effects of mistake as to law.
Option (3) is incorrect. Section 22 of the Indian Contract Act, 1872 provides contract caused by mistake of one party as to matter of fact.
Option (4) is incorrect: Section 23 of the Indian Contract Act, 1872 provides what consideration and objects are lawful.

The company manufacturing a product has a duty to warn consumers of any potential dangers associated with its use. This duty arises when the manufacturer knows, or should know, of a danger that is not obvious to the consumer. In the given case, the company knew that the product was potentially dangerous but failed to include a warning label. As a result, the customer who purchased the product and was injured due to its hazardous nature can sue the company for negligence. The failure to warn of the potential danger is a breach of the duty of care owed by the manufacturer to the consumer. Therefore, the correct answer is 3.

Section 29 of the Limitation Act is the saving clause. Clause 3 of this Section clearly states that save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.

Option (1) is incorrect: Executive Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.
Option (2) is incorrect: District Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.
Option (3) is incorrect: Additional District and Sessions Judge give cannot distribute business among the Subordinate Judicial Magistrates.
Option (4) is correct: Under Section 15(2) of the CrPC, the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Section 45 in The Indian Evidence Act, 1872, 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 35 [or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, 36 [or in questions as to identity of handwriting] 35 [or finger impressions] are relevant facts. Such persons are called experts the opinion of an expert cannot be on the question of Indian Law.

The correct answer is the period of limitation computed in accordance with the Limitation Act.

Key Points

• Section 2(J) of the Limitation Act defines the period of limitation and the prescribed period.
• It states that period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this Act.

Alternative Disputes Redressal (ADR) is a concept in Civil Procedure Code.
Alternative Dispute Resolution mechanism provides scientifically developed techniques to Indian judiciary which helps in reducing the burden on the courts. ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation and lok adalat.

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine under Section 369 of the IPC.

Section 90 of the Indian Evidence Act, 1872 talks about the presumption as to documents thirty years old. It says that where any document, purporting or proved to be thirty years old, is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Under Order VII, Rule 14(3), a document which ought to be produced in the court by the plaintiff when the plaint is presented, but is not produced or entered accordingly, shall not without the leave of the court be received in evidence on his behalf at the hearing of the suit. Therefore, option 1 is correct.

The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.

According to Section 2(m) of the Limitation Act, 1963, a tort refers to a civil wrong that is not exclusively a breach of contract or trust. In other words, a tort is a wrongful act or omission that causes harm to another person, but it is not related to a breach of contract or a breach of trust. Torts can include a wide range of actions such as negligence, defamation, trespass, and assault. Unlike criminal offences, torts are addressed through civil lawsuits, and the victim can seek compensation for the damages they have suffered.

Option (1) is incorrect: It is not a voidable agreement.
Option (2) is correct: Under Section 2 of the Indian Contract Act, 1872, every promise and every set of promises, forming the consideration for each other, is an agreement. Hence, the given agreement is void from the beginning.
Option (3) is incorrect: It is not enforceable in the court of law.
Option (4) is incorrect: It is not enforceable at all, whether in writing or in oral.

Any variance or alteration in the terms of the contract made between the principal debtor and the creditor, without the surety's consent, discharges the surety as to the transactions taking place subsequent to the variance.