Rajasthan Judicial Services Prelims Mock Test - 2 - Judiciary Exams MCQ

According to Order 16 Rule 1 of CPC, in a suit, the list of witnesses has to be filed by the parties 15 days after the settlement of issues.

The period of limitation for taking cognizance of offences is laid down in Section 468 of Cr.P.C. and it is as under:
Period of limitation is six months for offences punishable with fine only;
Period of limitation is one year for offences punishable with imprisonment for a term not exceeding one year;
Period of limitation is three years for offences punishable with imprisonment for a term exceeding one year but not exceeding three years.

Section 462 in the Code of Criminal Procedure, 1973, deals with the proceedings in wrong place. It says that no finding, sentence or order of any criminal court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. From the wording of the Section, it is clear that a trial conducted in a wrong place will be vitiated, if it has caused the failure of justice.

Section 138 of the Negotiable Instruments Act, 1881 provides for an offence which is not based on mens rea - The Bombay High Court in the case of Mayuri Pulse Mills Vs. Union of India remarked that Section 138 of the Negotiable Instruments Act, 1881 provides for an offence which is not based on mens rea. Normally, in criminal law, existence of guilty intent is an essential ingredient of a crime and the principle is expressed in the maxim 'actus non facit reum nisi mens sit rea'. This is a general principle.
However, the Legislature can always create an offence of absolute liability or strict liability where mens rea is not at all necessary. Such a measure is resorted to in public interest and such laws of strict liability are justified and cannot be said to be unreasonable. Thus, mere dishonour of a cheque for the reasons stated in Section 138 of the Negotiable Instruments Act, 1881 is sufficient for commission of crime under Section 138 of the Act and it is not material whether he had reason to believe when he issued the cheque that the cheque may not be dishonoured on presentment. For an offence under Section 138 of the Negotiable Instruments Act, 1881, mens rea is not essential, which is clearly spelt out from a reading of Section 138. The said provision clearly rules out mens rea as a constituent part of the crime.

Section 17 of Indian Evidence Act, 1872 says that an admission is a statement [oral or documentary or contained in electronic form] which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons and under the circumstances, hereinafter mentioned.
Comments:
Admissibility is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness (Bishwanath Prasad Vs. Dwarka Prasad, AIR 1974 SC 117).

Article 124 of the Limitation Act states that period of limitation for a review of judgement by a court, other than the Supreme Court, is 30 days.

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.

Section 20 of the Rajasthan Rent Control Act, 2001 deals with the provisions of procedure for execution of orders.

Section 29 of the Act states that there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Rules 6 to 10 of Order 39 of the Code of Civil Procedure deal with interlocutory orders.
Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgment. These orders are also of different natures, such as:

1. Interim Sale: Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc.

2. Detention, preservation, inspection, etc of subject matter of suit.

Provisions as to the administration and control of Scheduled Areas and Schedules Tribes are contained in the Fifth Schedule of the Constitution of India.
Thus, option 3 is correct.

The Court of the Chief Judicial Magistrate may pass any sentence except that of death sentence or any term of imprisonment exceeding seven years. Thus, imprisonment can be passed for seven years.

According to Section 425 of the Indian Penal Code, 'whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.'
'A' having joint property with 'Z' in a horse, intending thereby to cause wrongful loss to 'Z', shoots the horse. 'A' shall be charged with mischief under Section 425.

X has committed the offence of dacoity according to Section 391 of the Indian Penal Code. Section 391 defines 'dacoity' as, 'when five or more persons conjointly commit or attempt to commit a robbery or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity.'

Section 141 of the Negotiable Instruments Act deals with the offences caused by the companies, provides for vicarious liability on every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company.

Under Section 60 (1) of the CPC, lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, government securities, bonds or other securities for money, debts, shares in corporation are liable to attachment and sale in execution of a decree. Rest of the options are covered under exceptions to the Section.

Under the Equitable Doctrine of Restitution, minor has to restore back the benefit so received by him the exact things, but it is applicable in case of goods and property, not in the case of money. Restitution stop where repayments begins. Thus, it is a principle which can be correctly applied against minor.

On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under Section 14 of CPC, is a rebuttable presumption of law. According to Section 14 of CPC:
"The court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court to competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

The principle under Section 43 of the Transfer of Property Act of 1882 is based on (i) common law of doctrine of estoppel by deed (ii) equitable principle which says that if a person promises more then what he can perform, he must fulfill the promise when he gets the ability to do so

Ninth Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act of 1951. The first Amendment added 13 laws to the Schedule. Subsequent amendments in various years have taken the number of protected laws to 284 currently. Most of the laws protected under the Schedule concern agriculture/land issues.

Section 273 is part of ensuring fair trial as it states that except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader. Violation of the same without legal provision vitiates the trial. So, option (1) is the correct answer.

The first thing is that we use 'few' (for countable nouns) and 'little' (for uncountable nouns). 'Persons' is a countable noun. 'Few' and 'little' describe the quantity in a negative way. 'A few' and 'a little' describe the quantity in a positive way. The sentence implies that some people are waiting, i.e. positive sentence. Hence, option 2 is the answer.

With 'girl' we cannot use 'some'. 'Any' is used in negative or interrogative sentences. We use 'each' if we are thinking about members of a group individually, and 'every' if we are thinking of them in total. Here the bringing of sweets by the girls has been considered 'individually'. So, 'each' will be used.

As a specific point of time (Sunday) has been given, 'since' will be used. Option 2 is the correct answer. 'For' is used with duration of time (ex; for two hours). We use from + to / till / until to define the beginning and end of a time period. Since the end of the time period is not mentioned, 'from' would be ungrammatical here.

But' is is used when two different or contrasting ideas are expressed in a sentence.

उत्तर - 3 सही है क्योंकि 'आगे कुँआ पीछे खाई' एक मुहावरा है जिसका अर्थ है दोनों ओर मुसीबत का होना ।

The phrase introduced by 'as well as' or 'along with' will modify the earlier subject ('wisdom' in this case) and the verb used will be according to the first noun. 'Hurts' conveys an implausible meaning, so 'pays' is the correct answer.

The noun 'police' is plural. Also, the simple present tense is used to state fact, how things exist or behave (always/ permanently). Options 2, 3 and 4 demand that the subject be singular. Since the subject 'police' is plural, only option 1 is grammatically correct.

The first thing is that we use 'few' for countable nouns and 'little' for uncountable nouns. 'Hope' is an uncountable noun, so option 4 is incorrect.
'Little' describes the quantity in a negative way. It means 'not much or enough'. Here, the sentence suggests a negative connotation as he takes no interest in his studies.
'A little' means 'a small amount of something', while 'the little' refers to the specific small amount of something. Both these don't fit.
So, option 1 is the correct answer.

सही उत्तर है: नौका