Judiciary Exams Delhi Judicial Services Prelims Mock Test - 2 Free Online

As provided by Section 21 of the Arbitration Act, 1996, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent (second party), unless it has been agreed in the agreement for the same.

Order 9, Rule 2 of the Code of Civil Procedure states that where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, or failure to present copies of the plaint or concise statements, as required by Rule 9 of Order 7, the Court may make an order that the suit be dismissed.
Rule 3 provides "Where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed."
Rule 5 provides "Where after a summons has been issued to the defendant, or to one of several defendants, and returned unserved, the plaintiff fails, for a period of seven days from the date of the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh summons, the Court shall make an order that the suit be dismissed as against such defendant, unless the plaintiff has within the said period satisfied the Court that-
(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not been served, or
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time, in which case the Court may extend the time for making such application for such period as it thinks fit."
Thus, option 4 is the answer.

Section 94 of the Indian Penal Code deals with act to which a person is compelled by threats. According to the section, except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence;
Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

As per the rules under Order VIII, Rule 6 of the C.P.C., when in 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 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, present a written statement containing the particulars of the debt sought to be set off.
Therefore, 'C' cannot set off a debt due to him by 'A' alone.

Temporary injunctions are such as 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, and are regulated by the Code of Civil Procedure, 1908. Statement given above is incorrect.

Madhya Pradesh Tourism Board launched the 'BufferMeinSafar' campaign for wildlife lovers in 2020. The campaign aims to attract more tourists to the national parks and wildlife sanctuaries of Madhya Pradesh which are ready to host tourists following all the safety guidelines.
During the monsoon months from July to September, the core area of the forests are closed but the buffer areas of the forest remain open for exploration.

Section 102 states that the burden of proof in a suit or proceeding lies on the person who would fail if no evidence at all were given on either side. This means that the burden is on the party who needs to establish a particular fact in order to succeed in the case.

According to Section 15(1) of the Limitation Act, 1963, in computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

Correct Answer: Sikkim

The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence in case where the
(a) punishment or sentence is by a court martial
(b) punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends
(c) sentence is a sentence of death

Punjab receives rainfall due to western disturbances. Western disturbances are extra-tropical storms that originate over Mediterranean and flow towards east. In India, western disturbances bring winter rainfall in states like Punjab, Haryana and western Uttar Pradesh.

Based on the ingredients of the offence of 'Kidnapping from Lawful guardianship', defined in Section 361 of IPC, and the ingredients of the offence of 'Abduction', defined in Section 362 of IPC.

An abettor is someone who helps another person commit a crime. If you drive the getaway car during a bank robbery, you are an abettor. If you assist someone else in doing something wrong, offering any kind of support or encouragement, you abet/instigate that person.

Union Territory Ladakh hosted the first ever Food Processing Summit to attract investors to the region. With the help of Ministry of Commerce and Industry and the Ministry of Food Processing Industries, the UT Administration of Ladakh organized the Summit. Several entrepreneurs from Leh and Kargil regions were participating in the Summit. As Ladakh was capable of exporting processed foods made from unique horticultural products, the entrepreneurs were encouraged to begin their own start-up companies in the food processing sector.

Reference: Manorama Year Book, 2014 (Page 212)

See Section 3 of the Indian Evidence Act, 1872 dealing with interpretation clause. Meanings of 'Proud', 'Disproved' and 'Not Proved' are provided. 'Not Proved' means—A fact is said not to be proved when it is neither proved nor disproved.

Correct Answer: Modi Telstra

Section 89 of the CPC provides for settlement of disputes outside the Court. Sub-section 1 of the section expressly states that where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:—
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation.

Section 8 of the Act says, "A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration".
Where the plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause, the Court shall allow the application and refer the parties to arbitration.

Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy. They are borrowed from the Constitution of Ireland. The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

Dislodging a tooth by a fist blow is an offence punishable under Section 325 of the Indian Penal Code and is defined under Section 320 of the code. Section 320 lists out those acts which can be desig­nated as 'grevious hurt'. The seventh point under this section provides that "fracture or dislocation of a bone or tooth" is grevious hurt and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

In Indian Penal Code, "good faith" is defined under Section 52 as, 'Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.'

Section 26 of the Specific Relief Act contains the provisions regarding rectification of instruments. Section 26 of the Special Relief Act 1963 (hereinafter referred to as 'Act') provides for rectification of instruments, where through fraud or a mutual mistake of the parties, an instrument in writing does not express the real intention, then the parties may apply for rectification. However, clause 4 thereof, provides that such a relief cannot be granted by the court, unless it is specifically claimed
Thus, option 3 is correct.