Rajasthan Judicial Services Prelims Mock Test - 3 - Judiciary Exams MCQ

The bare language of Section 6 of the Indian Evidence Act states that facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

Section 3 (b) of Limitation Act, 1963, says that any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted-
(i) in the case of a set off, on the same date as the suit in which the set off is pleaded
(ii) in the case of a counter claim, on the date on which the counter claim is made in court

Under Section 10 of the Rajasthan Rent Control Act, 2001
(1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force or in any contract or usage
(i) a landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of a residential premises, if he
(a) is or was a member of the Armed Forces or Paramilitary Forces of the Union and aforesaid petition is filed within one year prior to or subsequent to the date of retirement, release or discharge, as the case may be, or within a period of one year from the date of commencement of this Act, whichever is later
(b) is or was an employee of the Central Government or the State Government or local bodies or state owned corporations and files the aforesaid petition within a period of one year prior to or subsequent to the date of his retirement or within a period of one year from the date of the commencement of this Act, whichever is later
(c) has become a senior citizen and has filed the aforesaid petition after the expiry of three years from the date of letting out of premises

Section 197(1) of the Code of Criminal Procedure provides that when any person who is or was a Judge or Magistrate, or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction.

In the case of Anil Rai Vs. State of Bihar, the Court says that the inordinate, unexplained and negligent delay in pronouncing the judgment is alleged to have actually negatived the right of appeal conferred upon the convicts under the provisions of Code of Criminal Procedure. It is submitted that such a delay is not only against the provisions of law, but in fact infringes the right of personal liberty guaranteed by Article 21 of the Constitution of India. Any procedure or course of action which does not ensure a reasonable quick adjudication has been termed to be unjust. Such a course is stated to be contrary to the maxim Actus Curiae Neminem Gravabit, that an act of the Court shall prejudice none.

Under Transfer of Property Act, as per the provisions of Section 9, a transfer of property may be made without writing in every case in which a writing is not expressly required by law. It is called an oral transfer.

The period of limitation for an application to set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex parte is 30 days; the time of limitation starts to run from the date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree.

Section 21 of the Transfer of Property Act, 1882 contains provisions relating to contingent interest. It reads as:
Where on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property.

In the case of Reg v. Govinda, Melville J. states that whether the offence is culpable homicide or murder depends upon the degree of risk to human life. If death is a likely result, it is culpable homicide; if it is the most probable result, it is murder.
Section 299 - Culpable homicide:
A person commits culpable homicide if the act by which death is caused is done by-
Intention:
With the intention of causing death
With the intention of causing such bodily injury as is likely to cause death
Knowledge:
With the knowledge that the act is likely to cause death
Section 300 - Murder:
Subject to certain exceptions culpable homicide is murder if the act by which death is caused is done by-
Intention:
With the intention of causing death
With the intention of causing bodily injury as the offender knows to be likely to cause death of the person to whom the harm is caused
With the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death
Knowledge:
With the knowledge that the act is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and without any excuse or incurring the risk of causing death or such injury as is mentioned above

Freedom of press is not specifically mentioned in Article 19(1) (a) of the Constitution and what is mentioned there is only freedom of speech and expression. In the Constituent Assembly Debates, it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an individual or a citizen were the same as far as their right of expression was concerned. The framers of the Indian Constitution considered freedom of the press as an essential part of the freedom of speech and expression as guaranteed in Article 19(1) (a) of the Constitution.

The Supreme Court ruled that the testimony of deaf and dumb witnesses can by relied upon by courts as they are competent, and signs and gestures are admissible piece of evidence. Section 119 of the Indian Evidence Act states that 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.

Under Section 25, sub-section 3 of the Limitation Act, 1963, the easement rights over the property belonging to the court are acquired by continuous and uninterrupted user for 30 years.

Section 58(e) of the Transfer of Property Act defines English mortgage.
English mortgage- 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.

Every trial under Section 143(3) of the Negotiable Instruments Act shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

As per Section 47 (1) of the Code of Civil Procedure, 1908, all question arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit. Thus, an executing court cannot determine the questions relating to modification.

Admissible evidence, in a court of law, is any testimonial, documentary or tangible evidence that may be introduced to a fact finder, usually a judge or jury, to establish or to bolster a point put forth by a party to the proceeding. Option 3 is the correct answer as it does not mention anything about the statement of the girl.

Under the doctrine of mischief rule, judges can apply their own discretion in order to discover Parliament's intention. The application of this rule gives the judges more discretionary power than the literal and the golden rule as it allows them to effectively dwell upon the intention of Parliament. This rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied. However, the problem associated is that the use of this rule is limited due to Parliamentary intent. So, according to the author, this modern use of the mischief rule ought to be understood as one of the components of what is characterised as the modern method of statutory construction, rather than a stand-alone rule serving (as it formerly had), as an alternative to the methods of construction proposed by the plain meaning rule and the golden rule.

Section 297 of the Indian Penal Code reads as 'whoever, with the intention of wounding the feelings of any person or of insulting the religion of any person or with the knowledge that the feelings of any person are likely to be wounded or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture or any place set apart for the performance of funeral rites or as a depository for the remains of the dead or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both'.

Kishore is a tenant holding over, i.e. a tenant who remains in property after the expiration of the lease.

Section 75 of CPC reads as follows:'Subject to such conditions and limitations as may be prescribed, the Court may issue a commission to(a) examine any person(b) make a local investigation(c) examine or adjust accounts or(d) make a partition(e) hold a scientific, technical or expert investigation(f) conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit(g) perform any ministerial act'Therefore, Court cannot issue commission to collect evidence.

Order XXI Rule 106 titled ''setting aside order passed ex-parte'', provides the remedy in case an application filed under Order XXI of CPC has been dismissed for non-appearance or decided ex-parte. It provides that the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit and shall appoint a day for the further hearing of the application if the Court is satisfied that there was sufficient cause for his non-appearance when the application was called on for hearing.

Section 251 Cr.P.C. states that when in a summons case, the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Crack someone up' means 'to make someone laugh'.

The first thing is that we use few for countable nouns and little for uncountable nouns. 'Care' is an uncountable noun. So, 'few' will not be used. 'Little' has a negative connotation which does not fit the context. 'The little' indicates some specific amount and does not fit the context. 'A little' means a small amount and has a positive connotation. So, option 2 is correct.

High on the hog' means 'living in luxury'.

न्यून' में 'नि' उपसर्ग का प्रयोग किया गया है। न्यून शब्द का संधि विच्छेद - नि + ऊन'नि' शब्द से बने अन्य उपसर्ग- निखरा, निकम्मा, निधड़क, निवारण, निपात, नियोग, निषेध, निडर, निहत्था, निहाल, निर्बल, निर्गुण, निरोग, निसंतान, निरक्षर, निवेश, निषेध, निकेतन, नियमित, नियम, निबंध।

In case of indefinite pronouns like anybody, one etc. sometimes there is no need to carry the pronoun after change of voice. So, 'one' is not needed.

किसी को अपने इशारों पर नचाना मुहावरे का अर्थ होता है वश में करना ।

सही उत्तर है: असंभव काम करना

Proclaim' means announce officially or publicly or indicate clearly.'Suppress' means prevent the development, action or expression of (a feeling, impulse, idea etc.).'Pretend' means to behave so as to make it appear that something is the case when in fact it is not.'Attend' means to be present (at an event, meeting or function) or to deal with something.'Distend' means swell or cause to swell by pressure from inside.So, option (1) is correct.