Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 5 (Law) - Judiciary Exams MCQ

A legal right given to the person giving him official right is not to be subjected to any cruel and unusual treatment or a punishment. A legal right is enforceable, same as the fundamental rights, under the Constitution of India. Therefore, both A and R are true and R is the correct explanation of A.

Section 41 mentions various conditions when an injunction cannot be granted. These are:
(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.
Therefore, option 2 is the correct answer.

Section 43 of the Indian Evidence Act, 1872, says that judgments, orders or decrees, other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act.
Section 41 says that a final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.
Thus, it is clear that judgment of a criminal court is irrelevant under Section 43 of the Indian Evidence Act, 1872 because Section 41 does not talk about the judgment of criminal court.

Section 16 of the CPC provides that suits are to be instituted where subject-matter are situated. According to this section, subject to the pecuniary or other limitations prescribed by any law, suits for the partition of immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situated.

(a) lndrasawhney v. Union of India- (iii) Mandal commission case
(b) Keshvananda Bharathis v. State of Kerala- (ii) Doctrine of Basic Structure
(c) Aruna Ramachandra Shanbaug v. Union of India- (iv) Passive Euthanasia
(d) Selvi v. State of Karnataka- (i) Validity of Narco-Analysis
The above is the correct match.

The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President and in the case of a State Commission by the Governor of the State.