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Rajasthan Judicial Services Prelims Mock Test - 1 - Question 1

By which of the following Articles of the Constitution has constitutional safeguard been provided to public servants?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 1
Article 309 of the Constitution of India deals with the provisions of recruitment and conditions of service of persons serving the Union or a State.
Under Article 311 of the Constitution, constitutional safeguard has been provided to public servants. It provides that no person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
Thus, option 3 is correct.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 2

Section 159 of the Evidence Act provides that

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 2
Section 159 in the Indian Evidence Act, 1872, deals with refreshing the memory. It says that a witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction, regarding which he is being questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person, read by him within the time aforesaid, if when he reads it he knows it to be correct.
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Rajasthan Judicial Services Prelims Mock Test - 1 - Question 3

Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee subject to condition that the mortgagee will re-transfer it to the mortgagor upon payment of the mortgage-money. Such type of mortgage is known as ____________.

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 3
Section 58(e) of the Transfer of Property Act, 1882, reads as Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 4
Eisegesis, as a type of interpretation, deals with
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 4
Eisegesis is considered as a negative approach to interpretation. It is that type of interpretation where the interpreter mixes his own idea, presupposition, idea, biases, design or agenda in interpreting a particular text.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 5
Under Section 64 of the Indian Penal Code, a sentence of imprisonment for non-payment of fine shall
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 5
Section 64 of the Indian Penal Code provides that a sentence of imprisonment for non-payment of fine shall be in excess of any other imprisonment to which an offender has been sentenced.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 6
As per Section 147 of the Negotiable Instruments Act, 1881, every offence punishable under the Act is
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 6
Section 147 in the Negotiable Instruments Act, 1881 says that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 7
The 'draft bill' of the Indian Evidence Act, 1872 was prepared by
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 7
Sir James Fitzjames Stephen, who succeeded Mr. Maine as Law Member in Legislative Council, brought about a brilliant compromise of the two separate reports submitted by the Select Committee and prepared a Draft Bill and presented it before the Legislative Council in 1871.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 8
A stayed in the hotel of B for one week. He organised a party for his friends on 01.11.2014, the bill of which amounted to Rs. 40,000. He vacated his room on 05.11.2014 and settled all his bills, except the bill of the party. B can sue A for the payment of Rs. 40,000 within:
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 8
First Schedule of Limitation Act, 1963 provides three-year limitation period for the price of food or drink sold by the keeper of a hotel, tavern or lodging house.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 9
Which of the following persons is not eligible to be selected as a member of the Juvenile Justice Board?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 9
All of these' is a correct option as Section 4(4) of the Act contains all the above options.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 10
When the promisor offers to perform his obligation to the promisee, it is called
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 10
Offer of performance: This aspect is looked into under Section 38 of the Indian Contract Act, 1872, if the promisor 'offers' to perform his obligation under the contract to the promisee, this offer is then termed 'tender of performance'. This then, has to be accepted by the promisee, if the promisee doesn't accept the offer, then the promisor will not be responsible for any non-performance. It entitles him to sue the promisee for breach of contract. It can be said that a tender of performance is equivalent to performance. It is also called offer of performance.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 11
Section 31 of the Specific Relief Act, 1963 is related to
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 11
Section 31 of the Specific Relief Act, 1963 is related to cancellation of instruments. It says that two conditions must exist before one invokes Section 31 of Specific Relief Act. These are:
The written instrument is void or voidable against such person; and such person must have reasonable apprehension that such instrument if left outstanding may cause him serious injury.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 12
When can a trial court release an accused on bail under Section 389(3) of Cr.P.C. after conviction?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 12
The power to release the appellant on bail is not restricted to the Appellate Court but sub-section (3) extends similar power to the Court which passed the sentence so as to enable the convicted person to present an appeal. But the power can be exercised by the Court only in bailable offences, and where the accused person is sentenced to less than 3 years' imprisonment.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 13
A 'caveat' lodged under sub-section (1) of Section 148A will remain in force for:
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 13
Sub-section (5) of Section 148A of the Code of Civil Procedure reads as where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of 90 days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 14
Which of the following cases is associated with the issue of 'domicile' in the State Concerned for getting elected to the Council of States?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 14
In the case of Kuldip Nayar v. Union of India, AIR 2006 SC 3127, the requirement of domicile in the State Concerned for getting elected to the Council of States was deleted. Deletion of the requirement of domicile in the State Concerned for getting elected to the Council of States violates the principle of Federalism, a basic structure of the Indian Constitution and the Open Ballet System violates the principle of secrecy. This principle of secrecy is the essence of free and fair elections as also the voter's freedom of expression, which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 15
Under Section 20 of the Indian Contract Act, 1872, in case both the parties are under mistake as to matter of fact, the contract is
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 15
Section 20 of Indian Contract Act, 1872 defines this as follows:
"Where both the parties to an agreement are under a mistake as to a matter of fact, essential to the agreement, the agreement is void".
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 16
Section 428 Cr.P.C provides for concession to the effect that period of detention undergone by an accused be set off
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 16
Section 428 of the Criminal Procedure Code deals with period of detention undergone by the accused to be set off against the sentence of imprisonment.
It reads as follows.
Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 17
Which of the following is/are not exempted from intra-territorial jurisdiction of the Indian Penal Code?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 17
The following persons are exempted from the jurisdiction of criminal courts.
Foreign Sovereigns - The principle on which the exemption of every Sovereign from every court has been deduced is that the exercise of such jurisdiction would be incompatible with his real dignity.
Alien enemies - In respect of acts of war, alien enemies cannot be tried by criminal courts. If an alien enemy commits a crime unconnected with war, he would be liable under the IPC.
Foreign army - When armies of one State are by consent on the soil of a foreign State, they are exempted from the jurisdiction of the State on whose soil they are.
Warships - Men of War of a State in foreign waters are exempted from the jurisdiction of the State within whose territorial jurisdiction they are.
President and Governors - Under Article 361 of the Indian Constitution, the President and Governors are exempted from the jurisdiction of courts.

Thus, public is not exempted from intra-territorial jurisdiction of the Indian Penal Code.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 18
The transferee of a decree
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 18
Section 49 of the Code of Civil Procedure, reads as follows.
Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree holder.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 19
The provision of mandatory injunctions is regulated by which of the following sections of the Specific Relief Act?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 19
The provision of mandatory injunctions is regulated by Section 39 of the Specific Relief Act. It reads as 'when, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, then the Court may, in its discretion, grant an injunction to prevent the breach complained of and also to compel performance of the requisite acts'.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 20
If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, under Section 202 of the Code of Criminal Procedure, while delaying the issue of process against the accused, the Magistrate
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 20
If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, under Section 202 of the Code of Criminal Procedure, while delaying the issue of process against the accused, the Magistrate examines the complainant and all his witnesses.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 21
Hon'ble Supreme Court held that in a case arising from Negotiable Instruments Act, successive sentences may be directed to run concurrently if both transactions are part of single transaction in
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 21
In the case of Shyam Pal Vs. Dayawati Besoya and Ors. decided on October 28, 2016, the Supreme Court of India held 'It is thus ordered that the substantive sentences of 10 months simple imprisonment awarded to the appellant in the two complaint cases referred to hereinabove would run concurrently.' Thus, option (4) is the correct answer.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 22
Which of the following cannot be a ground to deny bail to a person, who is apparently a child in conflict with law?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 22
Provision to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act states, 'Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.'Therefore, option (1) is not a ground for denial of bail to a child in conflict with law.
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 23

Directions: Select the appropriate conjunction from the given choices to fill in the blank.
My car is five years old, ___ it still runs smoothly.

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 23

But' is used to join two contrasting sentences or clauses. Even though the car is old, it still runs smoothly. So, 'but' will be used.

Rajasthan Judicial Services Prelims Mock Test - 1 - Question 24
नौकर चिट्ठी लाया', वाक्य में क्रिया है;
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 24
उत्तर (2) 'नौकर चिट॒ठी लाया' वाक्य में 'सकर्मक क्रिया' है। (1) वह नहाकर चला गया। (पूर्वकालिक क्रिया)(2) उसका सिर खुजलाता है। (अकर्मक क्रिया)(3) मैं घड़ा भरता हूँ। (सकर्मक क्रिया)सकर्मक क्रिया- जिस क्रिया में कर्म का होना जरूरी होता है वह क्रिया सकर्मक क्रिया कहलाती है। सकर्मक अर्थात कर्म के साथ।
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 25

'थाली का बैंगन होना' मुहावरे का अर्थ है-

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 25

सही उत्तर है: कोई निश्चित विचार ना होना

Rajasthan Judicial Services Prelims Mock Test - 1 - Question 26

Directions: Choose the appropriate determiner and fill in the blank.
She lives on the _____ side of the street.

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 26

The sentence implies that she lives on the 'remaining one of two' sides of the street. Option 1 expresses the same.

Rajasthan Judicial Services Prelims Mock Test - 1 - Question 27
सर्वनाम के कितने भेद हैं?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 27
सर्वनाम के छह भेद होते है-
(1) पुरुषवाचक सर्वनाम
(2) निश्चयवाचक सर्वनाम
(3) अनिश्चयवाचक सर्वनाम
(4) संबंधवाचक सर्वनाम
(5) प्रश्नवाचक सर्वनाम
(6) निजवाचक सर्वनाम
Rajasthan Judicial Services Prelims Mock Test - 1 - Question 28

Directions: Select the most appropriate verb form and fill in the blank.
He _________ while saving the small boy.

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 28

The missing verb must be in past tense as a past activity is being described. Between option 1 and option 2, the correct usage is 'drowned'. 'Sank' is not used for people.

Rajasthan Judicial Services Prelims Mock Test - 1 - Question 29

प्रतिदिन शब्द में कौन-सा समास है?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 29

सही उत्तर है: अव्ययीभाव समास

Rajasthan Judicial Services Prelims Mock Test - 1 - Question 30

ईश्वर के लिए सही विलोम शब्द का चयन कीजिए ।

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 1 - Question 30

सही उत्तर है: अनीश्वर

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