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

Article 358 of Constitution of India deals with suspension of provisions of Article 19 during emergencies. Article 358 provides for suspension of fundamental rights guaranteed under Article 19 only when national emergency is declared due to war or external aggression only. It is not suspended during national emergency declared due to armed rebellion. So, Article 358 is confined to the suspension of fundamental rights under Article 19 only.

The gift of the gab' means the ability to speak fluently.

The Nile is the longest river in the world. It belongs to Egypt, and is the primary source of water for Sudan and Egypt. The river has two major tributaries, White Nile and Blue Nile.

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.

Section 102 of CPC says that no second appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Under the provisions of Section 28(1) of the Specific Relief Act, the Court has the power to extend time for making deposit. The Court has the power in a suit for specific performance to extend the time for deposit and the failure of plaintiff to deposit money in the Court before the decree or even after the decree cannot be a reason to deny the relief of specific performance.
An application for extension of time for payment of balance con­sideration may be filed even in the Court of first instance or the Appellate Court in the same suit as the decree of the Trial Court stands merged with that of the Appellate Court which decree is un­der execution.

The Hindi film stars Varun Dhawan and Anushka Sharma have been signed on to promote and endorse the Skill India Mission, chaired by the Hon'ble Prime Minister Shri Narendra Modi. The duo, through their film 'Sui Dhaaga - Made in India', are saluting India's entrepreneurs and skilled workforce, especially homegrown artisans, craftspeople and weavers who are making the country proud the world over.

For the offence of affray as defined under Section 159 of I.P.C., the following are the essential ingredients:
1. Fighting is by two or more persons.
2. Fighting must take place in a public place.
3. Such fighting must also result in disturbance of the public peace.
Since all the conditions are being fulfilled, these six persons are guilty of affray.

As per the law of the land, every person entering into a contract has rights in rem. Right in rem is right available to him or her against the entire world. It protects a person's property from the entire world. That is why it is called a negative right because it gives the right to any person to be left alone. This means that no other person can interfere with his or her right.

The sentence conveys the sense of initiating a conversation with the 'employers' to reach an agreement. So, the correct meaning is explained by 'negotiate' which means 'obtain or bring about by discussion'.

The Strait of Malacca or Straits of Malacca is a narrow, 550 mi (890 km) stretch of water between the Malay Peninsula (Peninsular Malaysia) and the Indonesian island of Sumatra.

Section 40 of Indian Partnership Act, 1932 states that a firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners.
Thus, option (3) is suitable.

According to provisions embedded under Section 221 of Code of Criminal Procedure Act, 1973, description of family background of the accused is not the content of charge. All the other options are included in it.

Through the Criminal Law (Amendment) Act, 2013, Section 354 A was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence. Penalties range from one to three years imprisonment and/or a fine.

In context of the given sentence, only word that fits the blank is 'changed' which indicates that if punishments are changed frequently they lose their effect. Other options do not make sense in the context.

Prakash Javadekar, Union Minister of Environment Forest and Climate Change (MoEFCC), in 2020 launched a booklet on the Best Practices of Human-Elephant Conflict Management in India to strengthen coexistence of the human-elephant, along with the beta version of Surakhsya during the event on the eve of World Elephant Day. The booklet aims to reduce human-elephant conflicts and avoid the loss of lives of both humans and elephants.

Correct Answer: Sikkim

Section 6(2) of the Specific Relief Act provides the period of Limitation (6 months) for filling the suit and also creates the bar for filling a suit against the government.

Rupa Ashok Hurra v. Ashok Hurra (2002) 4SCC 388.

Section 10 of the Arbitration and Conciliation Act provides for number of arbitrators. According to sub-section (1), the parties are free to determine the number of arbitrators, provided that such number shall not be an even number.
Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.
Therefore, option 2 is the answer.

According to Section 390 of the Indian Penal Code, theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
In the given case, the thief breaking into the house, holding the owner at gunpoint, tying him up, and taking money and jewellery from the cupboard constitutes theft amounting to robbery.

The Kesavananda Bharati case is a landmark judgment in the history of the Indian judiciary, particularly constitutional law. It was heard by the largest-ever bench in the Supreme Court of India, consisting of 13 judges. The case revolved around the interpretation of various provisions of the Constitution, including the scope of parliamentary power to amend the Constitution. The concept of the "basic structure" of the Constitution was introduced in this case, providing a framework for evaluating the validity of constitutional amendments.

Impounding a document essentially means taking legal possession of that document by the court. According to Section 104 CrPC, any court may, if it thinks fit, impound any document or thing produced before it under this Code.

In this scenario, if sexual intercourse occurred based on a false promise of marriage, and the prosecutrix consented under the misconception that the accused would marry her, it falls under the category of "consent obtained under a misconception of fact." In such cases, it can be considered a form of fraud or deception, and the consent may not be genuine. Such an act would amount to rape.
So, option 2 is the answer.

According to Section 300 of the Indian Penal Code, if the act by which the death is caused is done with the intention of causing death, it amounts to murder. Exception 1 to Section 300 states that culpable homicide is not murder if the offender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Now applying these provisions to the given scenario, A may have a defence under the exception, as the provocation was grave and sudden. On the other hand, B's intention to kill may not fall under the exception, and B could be held liable for murder.
So, option 4 is the correct answer. A, acting under grave and sudden provocation, may be held guilty for culpable homicide not amounting to murder, while B, with the intention to kill and not acting under grave and sudden provocation, may be held guilty for murder.

Section 35 of the Protection of Children from Sexual Offences Act, 2012 provides for the period for recording of evidence of child and disposal of case.
According to the section,
(1) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.

Persists in is the correct phrase. It indicates the continuous action of telling lies.
"Reconciled with" is the correct phrase. It denotes the act of making peace or restoring a harmonious relationship with her family.
"Sentenced to" is the correct phrase. It indicates the punishment imposed, in this case, being sentenced to death.
So, the correct set of prepositions to fill in the blanks is "in, with, to", and option 2 is the appropriate choice.

Article 19 of the Constitution of India guarantees six fundamental rights to its citizens. These rights are:

• Freedom of speech and expression
• Right to assemble peacefully and without arms
• Right to form associations or unions
• Right to move freely throughout the territory of India
• Right to reside and settle in any part of the territory of India
• Right to practice any profession, or to carry on any occupation, trade, or business

However, right to reside and settle anywhere in the world is not explicitly included in Article 19. This right is not an absolute right within the Indian constitutional framework. Article 19 primarily focuses on rights within the territory of India, and it does not extend to rights concerning settlement in other countries.

According to Section 2(c) of the Commercial Courts Act, commercial dispute means a dispute arising out of––
(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;
(ii) export or import of merchandise or services;
(iii) issues relating to admiralty and maritime law;
(iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;
(v) carriage of goods;
(vi) construction and infrastructure contracts, including tenders;
(vii) agreements relating to immovable property used exclusively in trade or commerce;
(viii) franchising agreements;
(ix) distribution and licensing agreements;
(x) management and consultancy agreements;
(xi) joint venture agreements;
(xii) shareholders agreements;
(xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services;
(xiv) mercantile agency and mercantile usage;
(xv) partnership agreements;
(xvi) technology development agreements;
(xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;
(xviii) agreements for sale of goods or provision of services;
(xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum;
(xx) insurance and re-insurance;
(xxi) contracts of agency relating to any of the above; and
(xxii) such other commercial disputes as may be notified by the Central Government.
Thus, option 4 is the answer.

The Preamble of the Indian Constitution, when originally adopted, described India as a "sovereign democratic republic." Later amendments were made to the Preamble to reflect changes in the ideals and aspirations of the nation. The significant amendment in this context was made through the 42^nd Amendment Act of 1976. The 42^nd Amendment added the words "socialist" and "secular" to the Preamble, so that it read, "We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic..." This reflected the commitment to socialism and secularism as key principles guiding the nation. Therefore, option 3 is the correct answer.