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Rajasthan Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ


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30 Questions MCQ Test - Rajasthan Judicial Services Prelims Mock Test - 5

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Rajasthan Judicial Services Prelims Mock Test - 5 - Question 1

A person is proving his defence under one of the following exceptions. State which of the following exceptions is correct?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 1
Where an accused person is called upon to prove that his case falls under an exception, law treats the onus as discharged, if the accused person succeeds in proving a preponderance of probability. As soon as the preponderance of probability is proved, the burden shifts to the prosecution which has still to discharge its original onus.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 2

A asked D, ''I want to purchase your bike. What will be the cost?'' D replied that the cost will not be less than Rs. 20,000. A was interested to purchase it for Rs. 20,000. Which of the following statements is correct?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 2
Quoting the price amounts to an invitation to offer. It is not an offer in itself. Therefore, neither any offer is made nor any acceptance is tendered.
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Rajasthan Judicial Services Prelims Mock Test - 5 - Question 3

In which of the following cases did the Supreme Court hold that the mortgage was valid even though no part of mortgage-money had been advanced?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 3
In this case, court said that mortgage under the Transfer of Property Act is a transfer of an interest in the land mortgaged, and not a mere contract. It therefore follows that no sooner a valid mortgage deed is registered, aninterest in the property mortgaged, in the absence of any contract to the contrary, vests in the mortgagee notwithstanding the fact that the mortgage money has not been paid by the mortgagee to the mortgagor. The mere non-payment of the mortgage money cannot have the effect of rendering the mortgage invalid.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 4
A sentence of imprisonment for life passed by an Assistant Sessions Judge
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 4
An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 5
Which of the following sections under the Juvenile Justice (Care and Protection of Children) Act, 2015 allows trying a juvenile as an adult?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 5
Section 19(1)(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 says that after the receipt of preliminary assessment from the Board under Section 15, the children's court may decide that there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial, subject to the provisions of this Section and Section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 6
Section 11 of the Code of Civil Procedure contains
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 6
Section 11 of the Code of Civil Procedure contains eight explanations. Section 11 does not create any right or interest in the property, but merely operates as a bar to try the same issue once over.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 7
Which of the following legal pleas need not be pleaded?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 7
None of the legal pleas mentioned above needs to be pleaded.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 8
Which of the following sections of Indian Contract Act provides for the liability for necessary supplied to persons incompetent to contract?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 8
Section 68 of the Indian Contract Act deals with the provisions of claim for necessaries supplied to person incapable of contracting or on his account.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 9
In which of the following cases did the Supreme Court state that interpretation of statute, being an exercise in the ascertainment of meaning, everything which is logically relevant, should be admissible?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 9
In this case, the Supreme Court held that interpretation of statute, being an exercise in the ascertainment of meaning, everything which is logically relevant, should be admissible.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 10
Which of the following is not an eligibility of prospective adoptive parents under the Juvenile Justice (Care and Protection of Children) Act, 2015?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 10
Provision under Section 57(3) reads as follows.
A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 11
A person employed by and acting under the control of the original agent in the business of agency is known as a
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 11
Under certain circumstances, the agent may delegate some or all of his powers to another person. Such person may be either a sub-agent or a substituted agent. A sub-agent is a person employed by and acting under the control of the original agent in the business of agency (Section 191 of The Indian Contract Act, 1872).
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 12
Bharat Nidhi Ltd. V. Takhatmal, AIR 1969 SC 313 is related to
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 12
In this case, court said that an actionable claim may be transferred under Section 130 of the Transfer of Property Act. Where a document does not amount to a transfer within Section 130, it may apart from and independently of the section operate as an equitable assignment of the actionable claim.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 13
If the investigation is not completed within 90 days or 60 days as the case may be, and the accused is in custody on the expiry of said period, the accused is entitled to be
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 13
According to Section 167 of the Code of Criminal Procedure, 1973, if the investigation is not completed within 90 days or 60 days as the case may be, and the accused is in custody on the expiry of said period, the accused is entitled to be released on bail if he is prepared to and is making an application for bail.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 14
As per IPC, a document whereby any legal right is created, extended, restricted or released, is
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 14
As per Section 30 of Indian Penal Code, 1860, valuable security denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 15

Directions: Choose the option which fits in both the blanks appropriately.

All cheques are _______, but all _________ are not cheques.

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 15

All Cheques are bills of exchange because Negotiable Instruments Act defines cheque as cheque is a bill of exchange drawn on a specified banker. Therefore, only the bills issued on the bank are called cheques. Bill of Exchange has wider scope compared to a cheque. Bill of exchange can be generally drawn and payable by third parties other than banks.

Rajasthan Judicial Services Prelims Mock Test - 5 - Question 16
Which of the following Articles of the Constitution of India obliges the State to organise village panchayats?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 16
Article 40 of the Constitution, which enshrines one of the Directive Principles of State Policy, lays down that the State shall take steps to organise village panchayats, and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 17
In case of usufructuary mortgage, the mortgage is placed in possession and has a right to enjoy the rents and profits
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 17
The effect of usufructuary mortgage is that the mortgagee is placed in possession of the property and has a right to enjoy the rents and profits until the debt is paid. For the creation of a usufructuary mortgage, delivery of possession is essential. In other words, possession by the mortgagee is the distinguishing feature of such a mortgage.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 18
A Public Prosecutor for the High Court is appointed under Section 24 of the Code of Criminal Procedure, 1973 by the
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 18
Section states that for every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 19
Which of the following sections of Juvenile Justice (Care and Protection of Children) Act, 2015 deals with the prohibition on disclosure of the identity of children?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 19
Sec. 74 of Juvenile Justice (Care and Protection of Children) Act, 2015 says that no report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 20
Which of the following is not a condition precedent to the release of an offender on probation under Section 4 of the Probation of Offenders Act, 1958?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 20
Amount of damage caused by the offender is not a condition precedent to the release of an offender on probation under Section 4 of the Probation of Offenders Act, 1958. Section 4 reads as:
When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 21
When legal provision provides that court shall presume a fact, it is
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 21
The words 'shall presume' can be interpreted as 'whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved'. This is also a kind of rebuttable presumption. The basic difference between words 'may presume' and 'shall presume' is that whenever the words 'may presume' are used in the Statute, then they have to be taken as directory/discretionary and not mandatory. But, whenever the words 'shall presume' are used, they have to be taken as mandatory.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 22
Privilege under Section 121 of the Evidence Act
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 22
Privilege under Section 121 of the Evidence Act is available to an arbitrator. It is highly obnoxious to summon an arbitrator or other adjudicating body to give evidence in vindication of his award. This is a wholesome principle, as is evident from Section 121 of the Indian Evidence Act.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 23
A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called suit for
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 23
According to Section 67 in the Transfer of Property Act, 1882, a suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called suit for foreclosure.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 24

Under the Protection of Women from Domestic Violence Act, 2005, the duties of police officers, service providers and magistrates, when the incident of domestic violence is reported to them, shall be to inform the aggrieved person
(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such orders under this Act
(b) of the availability of services of service providers
(c) of the availability of services of protection officers
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987)
(e) of her right to file a complaint under Section 498A of the Indian Penal Code, if it is relevant due to circumstances

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 24

Sec. 5 of the Protection of Women from Domestic Violence Act, 2005 reads as follows.
A police officer, protection officer, service provider or magistrate, who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person
(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such orders under this Act
(b) of the availability of services of service providers
(c) of the availability of services of protection officers
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987)
(e) of her right to file a complaint under Section 498A of the Indian Penal Code (45 of 1860), wherever relevant
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.

Rajasthan Judicial Services Prelims Mock Test - 5 - Question 25
Decree for payment of money passed against a woman cannot be executed _______________________.
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 25
Section 56 of CPC specifically provides that, ''Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 26
The principle of 'force majeure' emanates from which of the following provisions of the Indian Contract Act, 1872?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 26
In Contract Law, 'force majeure' is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract. 'Force majeure' is generally intended to include occurrences beyond the reasonable control of a party. The principle of 'force majeure' emanates from Section 56 of the Indian Contract Act which provides that agreement to do an impossible compulsion or superior strength which makes the performance of contract void.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 27
A trial court in State of Rajasthan delivers its judgment in English. Under which provision of law can the accused seek a translated copy of the judgment in Hindi language?
Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 27
The accused can seek a translated copy of the judgment in Hindi language under Section 364 of the Code of Criminal Procedure, as this section provides that where the original judgment is recorded in a language different from that of the Court and the accused so requires, a translation thereof into the language of the Court shall be added to such record.
Rajasthan Judicial Services Prelims Mock Test - 5 - Question 28

'यमुना' का समानार्थी शब्द है:

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 28

सही उत्तर है: कालिन्दी

Rajasthan Judicial Services Prelims Mock Test - 5 - Question 29

निम्न में से कौनसा सही विलोम वर्ग नहीं है?

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 29

भिज्ञ - अनभिज्ञ' सही विलोम वर्ग नहीं है।

Rajasthan Judicial Services Prelims Mock Test - 5 - Question 30

वृक्षच्छाया' का सन्धि- विच्छेद होगाः

Detailed Solution for Rajasthan Judicial Services Prelims Mock Test - 5 - Question 30

सही उत्तर है: वृक्ष+छाया

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