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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Judiciary Exams MCQ


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30 Questions MCQ Test - Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law)

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) below.
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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 1
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The subject of 'Forests' was transferred from State List (List II) to the Concurrent List (List III) of the Seventh Schedule of the Constitution of India by which of the following Acts?

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 1
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organisation of all courts except the Supreme Court and the High Courts.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 2
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X is accused of an offence of rape. He can be subjected to which of the following tests for investigation?

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 2

Article 20(3) invokes protection against self-incrimination and gives an accused the right to remain silent over any issue which tends to incriminate him. This protection by the Indian Constitution is also extended to suspects. Article 20 clause 3 has been carefully crafted to protect the accused from further self-incriminating himself only if any statement of his might result in prosecution.
Subjecting a person to polygraph test or narco-analysis test, without his consent, amounts to forcible interference with a person's mental processes and violates the right to privacy for which protection can be sought under Article 20(3). Courts cannot permit involuntary administration of narco-tests, unless it is necessary under public interest.

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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 3
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The doctrine of lis-pendens is based on the principle of

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 3
The broad principle underlying Section 52 of the Transfer of Property Act is to maintain the status quo unaffected by the Act of any party to the litigation pending its determination, even after the dismissal of a suit, a purchaser is subject to lis pendens, if an appeal is afterwards filed, if after the dismissal of a suit and before an appeal is presented, the 'lis' continues so as to prevent the defendant from transferring the property to the prejudice of the plaintiff, no reason to hold that between the date of dismissal of the suit plainly be impossible that any action or suit could be brought to a successful termination if alienations pendent lite were permitted to prevail. The doctrine of lis-pendens is founded in public policy and equity and if it has to be read meaningfully, such a sale until the period of limitation for second appeal is over, will have to be held as covered under Section 52 of the TP Act.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 4
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The term judicial notice under the Indian Evidence Act, 1872, means
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 4
It is that particular fact commonly known by persons of average intelligence without establishing its existence by admitting it as evidence in a civil or criminal action.
Judicial notice is a rule in law of evidence that allows a fact to be introduced into evidence, if the truth of that fact is so notorious or well known or so authoritatively attested that it cannot reasonably be doubted.
Thus, option (4) is suitably correct.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 5
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A demand of request for sexual favour from a woman is punishable offence under Indian Penal Code 1860, under
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 5

A demand of request for sexual favour from a woman is punishable offence under Indian Penal Code 1860, under Section 354A.
Assault or use of criminal force to woman with intent to disrobe is defined under Section 354B of the Indian Penal Code.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 6
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A' finds a purse with money on the high-road, not knowing to whom does the purse belong, 'A' picks up the purse. He has committed an offence under:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 6
A' finds a purse with money on the high-road, not knowing to whom does the purse belong, 'A' picks up the purse. Here, A has not committed any offence defined in IPC.
Section 403 of the Indian Penal Code deals with the dishonest misappropriation of property. Section 404 deals with the dishonest misappropriation of property possessed by deceased person at the time of his death while Section 405 deals with the criminal breach of trust.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 7
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Which provision of the CPC provides that one person may sue or defend on behalf of all in same interest?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 7
Order 1 Rule 8 of the Code of Civil Procedure, 1908, deals with the provision that one person may sue or defend on behalf of all in same interest. It says that where there are numerous persons having the same interest in one suit, then one or more of such persons may, with the permission of the court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested; and the court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 8
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What is the maximum default sentence that can be awarded in case of non-payment of compensation under Section 358 of the Code of Criminal Procedure, 1973?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 8
Section 358(3) of the Code of Criminal Procedure states that all compensation awarded under this Section may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding 30 days as the Magistrate directs.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 9
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An order passed by a Magistrate under Section 446 of the Code of Criminal Procedure 1973, is appealable to
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 9
An order passed by a Magistrate under Section 446 of the Code of Criminal Procedure 1973, is appealable to Session Judge.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 10
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Illegality renders a contract
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 10
A contract will be considered illegal at its formation when it is incapable of performance without an illegal act. The contract will be void and treated as if it was never entered into. Every illegal act is punishable under the law. Thus, option 4 is the correct answer.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 11
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A change of nature of obligation of a contract is known as
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 11
Alteration means change in one or more of the conditions of the contract. Alteration made by the mutual consent of the parties will be perfectly valid. But any material alteration in terms of a written contract by one party without the consent of the other party will discharge such party from its obligations under the contract. Therefore, a change of nature of obligation of a contract is known as alteration.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 12
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Total number of languages recognised in the Constitution of India is
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 12
Currently, there are 22 scheduled languages in India: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Meitei (Manipuri), Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, Urdu.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 13
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The transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 13
The language of Section 132 of the Transfer of Property Act states that the transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at the date of the transfer. Thus, option (1) is correct.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 14
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What is the minimum imprisonment prescribed for use of deadly weapons in 'dacoity'?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 14
Section 397 of Indian Penal Code, 1860, punishes robbery or dacoity with an attempt to cause death or grievous hurt. It says that if, at the time of committing either robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause either death or grievous hurt to any person, the minimum punishment with which the offender shall be punished shall not be less than imprisonment for seven years.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 15
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Kidnapping isof
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 15

Section 359 of the Indian Penal Code classifies kidnapping into two categories as follows:
1) Kidnapping from India, and
2) Kidnapping from lawful guardianship
1) Kidnapping from India: Section 360 of the Indian Penal Code defines kidnapping from India as: 'Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.' The offence under Section 360 of IPC may be committed in respect of any person, male or female, minor or major and irrespective of his nationality.
2) Kidnapping from lawful guardianship (Section 361, IPC): 'Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.'

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 16
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In a suit for partition, 3 defendants were set ex parte. Preliminary decree was passed. On the application of one of the 3 defendants, the court set aside the decree as against all the defendants. The order of the court was
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 16

Order 9 Rule 13 of CPC says that in any case in which a decree is passed ex parte against a defendant, he may apply to the court by which the decree was passed for an order to set it aside; and if he satisfies the court that the summon was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside as against all or any of the other defendant also.
Provided further that no court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim. In light of the above mentioned provision, order of the court was legal.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 17
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______ days is the time prescribed in case of appeals under Civil Procedure Code and Criminal Procedure Code.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 17
30-90 days is the time prescribed in case of appeals under Civil Procedure Code and Criminal Procedure Code. Article 115 in the Schedule to the Limitation Act, limitation period for appeals is prescribed.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 18
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Which one of the following sections of the Indian Evidence Act provides questions which are lawful to be asked in cross-examination?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 18
Section 146 of the Evidence Act provides that when a witness is cross examined, he may, in addition to the other questions required by this Act, be asked any questions which tend
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 19
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On which date did the 'United Nations' adopt the 'Universal Declaration of Human Rights'?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 19
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. The Universal Declaration was adopted by the General Assembly as UN Resolution on 10th December, 1948, in Palais de Chaillot, Paris.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 20
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The first Indian President of the International Court of Justice was
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 20
Justice Nagendra Singh joined the International Court of Justice in 1973 and was its presiding judge from 1985 to 1988. He was one of the four judges from India to have been on the International Court of Justice in the Hague, the others being B. N. Rau, R. S. Pathak, the 18th Chief Justice of India, and Dalveer Bhandari, former Justice of the Supreme Court of India.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 21
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How many kinds of kidnapping are there in the Indian Penal Code?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 21
Section 359 of the Indian Penal Code states that kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship.
Kidnapping from India: Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.
Kidnapping from lawful guardianship: Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 22
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Which of the following cases is related to cross-offer?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 22
Tinn v. Hoffmann and Co. is a case related to cross-offer. It was held in this case that there was no contract between Mr Tinn and Mr Hoffman for the iron as the cross offers were made simultaneously and without knowledge of one another and hence it was not a contract that would bind the parties for the iron. There is a difference between a cross offer and a counter offer. In order to form a valid contract, there must be communication that consists of an offer and acceptance.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 23
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Under which of the following Sections of the Indian Penal Code, rash or negligent driving of vehicle on public way has been made an offence?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 23
A person is said the commit the offence of rash driving or riding in public place, when he drives any vehicle, or rides, on any public way in a manner so rash as to endanger human life, or to be likely to cause hurt or injury to any other person. Section 279 of the Indian Penal Code defines this offence and makes it punishable.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 24
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Which oil rich country opened an office for defence attaché in Delhi in 2020 eyeing to ramp up security cooperation?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 24
The oil rich country of Kuwait opened an office for defence attaché in Delhi in 2020 eyeing to ramp up security cooperation. The Kuwaiti Ambassador to India Jassim AlNajem said that opening of the military office in New Delhi attests that there is a real desire to increase defence and security cooperation between the two friendly countries.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 25
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What is utilitarianism?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 25
Utilitarian thinkers do not argue that laws which do not benefit the greater good are invalid, but that a law is a good law only if it maximises the happiness or well-being of the greater number.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 26
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The Chapters and Sections of the Transfer of Property Act which relate to contracts shall be taken as part of Contract Act and supplemental to the
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 26
Section 4 of Transfer of Property Act, 1882, says that enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 27
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Under Section 100 of Civil Procedure Code 1908, second appeal lies to the High Court only on the ground of
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 27
Section 100 of the Code of Civil Procedure states that an appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 28
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Which Section of CrPC provides for confirmation by the High Court of an order of death sentence passed by the Section Court prior to its execution?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 28
Section 366 of CrPC talks about the sentence of death to be submitted by Court of session for confirmation. Sub-section 1 reads:
When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. Therefore, the correct answer is option 1.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 29
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How can an arrest be made by a police officer?
a. By handcuffing the person to be arrested
b. By touching the body or giving oral intimation of arrest in the case of a woman
c. By confining the person to be arrested
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 29

If an on duty police officer identifies the culprit, i.e. the person is caught in action or there is some evidence that could prove the crime, then the police officer can use handcuffs to make an arrest; or if the culprit is a female, then only a female police officer can touch her, the male officer can give oral intimation of arrest. If the officer is off duty or is not having the handcuffs at that point of time, the officer can make an arrest statement by confining the person to be arrested.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 30
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An agreement enforceable by law at the instance of one party and not of other party is called a/an ______ agreement.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 3 (Law) - Question 30
Voidable contract [Section 2(i)]:
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract.
Thus, voidable agreement is correct answer.
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