Haryana Judicial Services Prelims Mock Test - 1 - Judiciary Exams MCQ

Section 389(3) in the Code of Criminal Procedure, 1973, provides that where the convicted person satisfies the court by which he is convicted that he intends to present an appeal, the court shall release him on bail-
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

Maximum strength of the House of the People is 552 members. The distribution of the same is as follows:
530 members to represent the states, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community.
At present, the strength of the house is 545.

The Assam Public Service Commission (APSC) in 2020 took a progressive step towards gender equality by introducing transgender as an option in the gender category in the state civil and allied services examination application form and has received 42 applications in this category.
The Commission had issued an addendum to earlier notice, to include transgender, for the first time, in the gender category for the Combined Competitive (Preliminary) Examinations 2020.
The transgender option has already been introduced by the Union Public Service Commission in its recruitment process. Assam became the first state to introduce the option in the state commission.

Rule 2, Order XVIII of Code of Civil Procedure, 1908, provides for "statement and production of evidence". It says that:
(I) A copy of the written arguments shall be furnished simultaneously to the opposite party.
(II) Adjournment shall NOT be granted generally for the purpose of filing the written arguments.
(III) The court can fix any time-limit for oral arguments.
Therefore, option 1 is correct answer option.

The main sources of law in India are the Constitution, statutes (legislation), customary law and case law. Statutes are enacted by Parliament, State legislatures and Union Territory legislatures.
Usage is not a source of law.

In the case of Jaidev v. State of Punjab, it was held that in exercising the right of private defence, the force which a person defending himself or his property isentitled to use must not be unduly disproportionate to the injury which is tobe averted or which isreasonably apprehended and shouldnot exceed its legitimate purpose.

Order VI, Rule 17 provides for the Amendment of Pleadings. It states that, the court may, at any stage of the proceedings, allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Section 13(1)(i)(ib) of the Hindu Marriage Act, 1955 provides that any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

Order XXIII Rule 3 C.P.C. formulates the procedure of providing a legal seal to the adjustments arrived at by the parties by passing a decree in consonance with the terms of such adjustment and such decree is designated as compromise decree. It also provides that an agreement or compromise which is void or voidable under the Indian Contract Act, 1872, shall not be deemed to be lawful within the meaning of this rule.

Directive Principles of State Policy (DPSP) are mentioned in Part 4 of the Indian Constitution from Article 36 to 51. DPSPs were taken from the Constitution of the Ireland. B. R. Ambedkar described these principles as 'novel features' of the Constitution.

Section 10(1) in the Sale of Goods Act, 1930 provides that where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided. However, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor.

Section 22 of Specific relief Act provides that, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
(a) possession, or partition and separate possession, of the property, in addition to such performance; or
(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused.
Both options (1) and (2) are correct.

Section 39 in the Specific Relief Act, 1963, provides for mandatory injunction. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may, in its discretion, grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Section 20 of the Indian Evidence Act provides that statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
The question is whether a horse sold by A to B is sound. A says to B, "Go and ask C. C knows all about it." C's statement is an admission.

In 2020, UNESCO included Panna National Park of Madhya Pradesh under its Man and Biosphere programme, under its list of biosphere reserves. Along with Panna, Fuvahmulahand Addu Atoll of Maldives was also included under the World Network of biosphere reserves.
The United Nations Educational, Scientific and Cultural Organization (UNESCO) described the National Park as a critical tiger habitat and also pointed out that it is home to the World Heritage site of Khajuraho temples.

Muslim Law in India means that portion of Islamic civil law which is applied to Muslims as a personal law. Muslim law is the body of law which is derived from the Quran and other recorded saying of the Muslims prophet Muhammad. However, Islamic law talked about man's duties rather than his rights.
Primary sources are those on which Muslim law relies. These sources are the foundation of Muslim law.

Primary sources of Muslim law are:

• Quran
• Sunnat
• Ijma
• Qiyas

The secondary sources of Muslim law are:

• Urf or Custom
• Judicial decision
• Legislation
• Equity, Justice & Good conscience

If a person does an act while exercising his right of private defence, his act would be no offence (Section 96 IPC). Right of private defence is based upon the instinct of self-preservation. This instinct is vested in every human being and has been recognised by the law in all the civilised countries.

As per Section 5 of the Indian Partnership Act, relationship of partnership arises from contract, not from status.

Section 133 of the Indian Evidence Act, 1872, deals with the 'Accomplice Witness'. It says that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

Section 199(2) in the Code of Criminal Procedure, 1973, provides that notwithstanding anything contained in this code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who at the time of such commission, is the President of India, the Vice- President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State, in respect of his conduct in the discharge of his public functions, a Court of Session may take cognisance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.

Application for anticipatory bail may be made before Session Court and High Court under Section 438 of the Code of Criminal Procedure.
Chief Judicial Magistrate can only grant regular bail in a trial procedure. Thus, option (1) is incorrect and option (4) is correct.

Constitution Bench of Supreme Court, in Judgment 'Hardeep Singh v. State of Punjab', decided on 10.01.2014, settled controversy regarding law contained in Section 319 of Code of Criminal Procedure, 1973, which provides that:
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under Sub-Section (1), then-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognisance of the offence upon which the inquiry or trial was commenced.

Raju is liable for death as per Section 304A of IPC which relates to death caused by negligence. It is duty of wrongdoer to protect others from their act. This section provides that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished.

Cruelty is one of the grounds of divorce provided under Section 13 of the Hindu Marriage Act. The aggrieved party or the petitioner has to prove that the cruelty is so grave or so unbearable that it is getting difficult to carry forward with his or her spouse. This was held by the Supreme Court in a landmark case of Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane in 1975.
This led to an amendment in the Act where cruelty as a ground for divorce was added into the Act with the inclusion of legal definition to the term cruelty under this Act in 1976. However, the court also held that the courts should decide the case on grounds of cruelty only based upon the subject matter of the case.

As per Section 45 of the Indian Penal Code, the word 'life' denotes the life of a human being, unless the contrary appears from the context.

Section 30 of the Indian Contract Act provides that the agreements by way of wager are void. It states that agreements by way of wager are void and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made.

The main differences between the two sections are as follows:

● Section 34 does not create any specific offence but only lays down the principle of joint criminal liability. Whereas Section 149 creates specific offence and being a member of an unlawful assembly is itself a crime, which is punishable under Section 143.
● 'Common intention' used in Section 34 is not defined anywhere in IPC, while 'common object' in Section 149 must be one of the five ingredients defined in Section 141 of IPC.
● Common intention requires a prior meeting of mind and unity of intention and overt act has been done in furtherance of the common intention of all. A common object may be formed without a prior meeting of mind when the common object of the members of the unlawful assembly is one but the intention of participants is different. It only requires that criminal act has been done in furtherance of the common object.
● For invoking Section 34 it is sufficient that two or more persons were involved. However, there have to be a minimum of five persons to impose Section 149.
● The crucial factor of Section 34 is 'participation' while there is no need of active participation in Section 149 of IPC.

A is guilty of 'Forgery'. Section 464 of IPC defines one of the ingredients of forgery, i.e. making of a false document. Further, Section 465 of Indian Penal Code provides punishment for the commission of the offence of forgery. This offence of forgery cannot lie against a person who has not created it or signed it.

As per Section 428 of the CrPC, where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction.

According to the ways provided under Section 445 of the Indian Penal Code, a person is said to commit house-breaking, if he makes his entrance through any window of the house.