Haryana Judicial Services Prelims Mock Test - 2 - Judiciary Exams MCQ

Section 25(1) in the Registration Act, 1908, provides that if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made in India, is not presented for registration till after the expiration of the time herein before prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

Case in question is related to section 149 I.P.C, which deals with 'common object'. According to this provision, every member of an unlawful assembly is held liable for any criminal act done in furtherance of a common object. To impose this section under group liability, there should be an unlawful assembly, which is defined under Section 141 and the offence should be committed in prosecution of common object. Rest all other cases deal with mens rea.

BharatPe launched the World's 1st Merchant Shareholding Program (MSP) for its merchant partners. It is a

Ajit Nath Ray has served for four years approximately. Thus, he is not the longest serving Chief Justice of India.
Y. V. Chandrachud is the longest serving Chief Justice of India. He has served for eight years approximately. Thus, option (4) is correct.

The contract is a valid one, because as per Section 20 of the Contract Act, if both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void, here a unilateral mistake will not make a contract invalid. Here, B will have to blame himself for ignorance of the true value of the painting because an erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact.

Local limits of the jurisdiction of a Subordinate Judge are to be defined, under Punjab Courts Act 1918, by the High Court. Concerned State Government defines the administration processes. Thus, option (1) is correct.

Section 73 in the Indian Penal Code provides that whenever any person is convicted of an offence for which, under this code, the court has power to sentence him to rigorous imprisonment, the court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sen­tenced, not exceeding three months in the whole, according to the following scale, that is to say, a time not exceeding one month if the term of imprisonment shall not exceed six months; a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; a time not exceeding three months if the term of imprisonment shall exceed one year.

Rule 32 Order XXI of the Code of Civil Procedure, 1908, provides for "Decree for specific performance for restitution of conjugal rights, or for an injunction". It says that:
(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has willfully failed to obey it, the decree may be enforced in the case of a decree for the restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction, by his detention in the civil prison, or by the attachment of his property, or by both.
(2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the court by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention.
(3) Where any attachment under Sub-Rule (1) or Sub-Rule (2) has remained in force for six months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property be sold, and out of the proceeds, the court may award to the decree-holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application.
(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of six months from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease.

Article 43 A of the Constitution is one of the Directive Principles of State Policy that states that the State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. This Article was added with the Constitution (Forty-second Amendment) Act, 1976.

Section 20 of the Specific Relief Act says that there is discretionary power to obtain substituted performance in case of breach of contract. This section was added after the amendment in 2018. It states that, where the contract is broken due to non-performance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party and recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach.

According to Section 2(11) of the Sale of Goods Act, 'property' means the general property in goods and not merely a special property.

As per Order 3, Rule 5 of CPC, any process served on the pleader who has been duly appointed to act in Court for any party or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if same had been given to or served on the party in person.

Order 6 of the Code of Civil Procedure provides for the provisions of pleadings. Rule 2 states that every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

Any Judicial Magistrate or Metropolitan Magistrate may record a confessional statement under Section 164 of Code of Criminal Procedure.
A Judicial Magistrate, who has or has not the jurisdiction to record confessional statement, can record the confession under Section 164 of the Code of Criminal Procedure. Thus, option (3) is incorrect and option (4) is correct.

As per Section 21 of the SRA, in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach in addition to such performance. However, Sub-Section (5) states that no compensation shall be awarded under this Section unless the plaintiff has claimed such compensation in his plaint.

The case of Kashmira Singh v. State of Madhya Pradesh relates to confession of co-accused. It was held that the confession of an accused person against a co-accused is not evidence in the ordinary sense of the term. Itdoes not come within the meaning of evidence contained in Section 3 of the Indian Evidence Act inasmuch as it is not required to be given on oath, nor in the presence of theaccused and cannot be tested by cross-examination.It is a much weaker type of evidence than the evidence of an approver which is not subject to any of these infirmities.

As per Section 191 of IPC when a person being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence.

Order 22 of the Code of Civil Procedure provides for the effect of DEATH, MARRIAGE OR INSOLVENCY of parties.
Rule 6 of the Order provides that there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced irrespective of the death and shall have the same force and effect as if it had been pronounced before the death took place.

As per Section 89 sub-section (1) of the Code of Civil Procedure, a duty is cast upon the court to refer the dispute either by way of arbitration, conciliation, judicial settlement including settlement through Lok Adalats or mediation if it appears that there are elements of settlement through such means of settlement.

Section 37 of Specific Relief Act, 1963, provides that temporary injunction are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, i.e. during the suit.

The provisions as to set-off and counter claim have been mentioned under Order 8, Rule 6 and Rule 8 and Rule 6A of CPC.
As per the provisions wherein a suit for the recovery of money, the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the court, presents a written statement containing the particulars of the debt sought to be set-off. Set-off and counter-claim do not arise out of the same transaction rather they are considered to be separate suits. Therefore, all of the above are true except statement II.

The Court may compel the attendance of any person to whom a summons has been issued under Section 30 of the Code of Civil Procedure, and for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five hundred rupees;
(d) order him to furnish security for his appearance and in default, commit him to the civil prison.

Section 322 in the Indian Penal Code provides that whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt. A, intending or knowing himself to be likely to permanently dis­figure B's face, gives B a blow which does not permanently dis­figure B's face, but which causes B to suffer severe bodily pain for the space of more than 3 weeks. A has voluntarily caused grievous hurt.

According to Section 22 of the Hindu Marriage Act, 'Every proceeding under this act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court.'

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Section 138 of Evidence Act provides for the order of the examination of witnesses. It states that witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.

The power to determine the language of a subordinate court is with the State Government.
No such concurrence of the High Court is required while determining the language of a subordinate court. Thus, option (2) is correct.

As per Section 123 of the Transfer of Property Act, a gift of immovable property cannot pass any title to the donee unless it is registered. Attestation by two witnesses is required during registration and post registration, then only title transfer is possible.

Section 32 of Sales of Goods Act provides that unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.

Subject to the limit specified in Section 25 of the Act, the jurisdiction to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge, shall be determined by the High Court.