Judiciary Exams Delhi Judicial Services Prelims Mock Test - 5 Free Online

A' pretends to be 'B', a person who is deceased. 'A' is liable to be punished under Section 419 for cheating by personation. It provides that : Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

It is possible to withdraw an existing suit with liberty to file a fresh suit, subject to certain conditions. The relevant legal provision is contained in sub-rule (3) of Rule 1 of Order 23 of the Civil Procedure Code. It states that if there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit, then a withdrawal is allowed and a fresh suit can be filed on the same cause of action.
Thus, the order above is illegal.

It is mandatory to produce the person arrested before the Magistrate within 24 hours of the arrest under Section 57 of the Cr.P.C.
Section 57 Cr.P.C. commands that no police officer shall detain in custody a person arrested without warrant for a long period exceeding twenty-four hours. The period is exclusive of the time necessary for the journey from the place of arrest to the Magistrate.

Section 4 of the Indian Partnership Act states: ''Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.'' Thus 'sharing of losses' is not an essential requisite for creating a partnership.

According to the provisions embedded under Section 39 of the Specific Relief Act, the relief of mandatory injunction is discretionary and may be denied by the Court in case of delay. Attempt should be made to avoid multiplicity of suits and the plaintiffs should not be driven to file another round of suit, with all the attendant delay, trouble and expense.

Section 112 in the Indian Evidence Act, 1872, deals with the concept of birth of a child during marriage and conclusive proof of his/her legitimacy. It says that the fact that any child was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be a conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

Section 468 of the Code of Criminal Procedure lays down the period of limitation for taking cognisance of an offence. Section 468 further makes it clear that if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation shall be three years.

In course of crime investigation, police may secure the attendance of persons who can supply necessary information regarding the commission of offence. Investigating officer should issue written order addressed to the person, whose presence is sought, specifying date, time and place where he has to appear for interrogation. But, a male under the age of fifteen years or a woman cannot be required to attend at any place, other than the place where he or she resides. An order directing a woman to appear in police station is violative of Section 160 (1) of the Code.

Section 118 of the Indian Evidence Act prescribes that all persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

The Hope Mars Mission also called Emirates Mars Mission, is a space exploration probe mission to Mars build by the United Arab Emirates and set for launch in 2020.

Prime Minister Narendra Modi launched the Rs. 100 coin in the memory of former PM Atal Bihari Vajpayee. The Rs. 100 coin was launched on the eve of Atal Bihari Vajpayee's 94^th birth anniversary. The coin has a portrait of Vajpayee along with his birth and death years inscribed on it.
The commemorative coin features the Emblem of India on the front face. The words Satyamev Jayate are inscribed below the Lion Capital of Ashoka Pillar in Devanagri script. Also inscribed on the coin are the words 'Bharat' in Devanagri and 'India' in Roman script.

Supreme Court premises are open to the public from 10 am to 1 pm every Saturday. People can visit the court as tourists and take a guided tour.

As per the provisions of the Cr.PC, the Magistrate may take cognisance of the offence and after giving a reasonable opportunity of showing cause, convict him or may make a complaint under section 340 Cr.P.C. for the offence.
As per this section, the magistrate may do any of the following:
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.

Sections 35 and 35A of the Code of Civil Procedure make award of costs as discretionary power of Court and respectively fix that compensatory costs for vexatious claims and defences should not exceed Rs. 3,000; whether the Court is permitted to exceed the statutory limits fixed while awarding compensatory costs.

The Keshvanand Bharti Vs. State of Kerala, also known as the Kesavananda Bharati judgement, is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the constitution. The judges asserted through the basic structure doctrine that the constitution possesses a basic structure of constitutional principles and values.

The following are the remedies that can be sought against ex-parte decree:
In any case in which a decree is passed ex-parte against a defendant, he may apply under Order IX Rule 13 CPC to the court by which the decree was passed for an order to set it aside or may appeal under Section 96(2) CPC against the original ex-parte order.

Section 2(j) of Limitation Act, 1963 provides that period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this Act.

Section 268 of the Indian Penal Code defines the offence of Public Nuisance. As per the definition, a person is guilty of a public nuisance who does an act which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

Public Interest Litigation (PIL) can be filed by any Indian citizen. It is a petition that an individual or citizen group can file in the court seeking justice in an issue that has a large public interest. It aims at giving common people an access to the judiciary to obtain legal redress. I must be kept in mind that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.

England all-rounder Ian Botham was made a member of the House of Lords of the British Parliament.
Botham, a former captain, was among 36 new peers announced by the government to join the unelected House.
Botham, who played 102 Test matches for England between 1977 and 1992, is a prominent Brexit supporter. He was knighted in 2007 in recognition of his services to charity and cricket.
He is to sit as a crossbench (independent) peer.
He is the first cricketer to be awarded a peerage since former England women's team captain Rachael Heyhoe-Flint in 2011. David Sheppard, Colin Cowdrey and Learie Constantine were the others who were honoured with the House of Lords seats earlier.

Correct Answer: Russia

P', in terms of Section 41 Cr.P.C., was acting within his Powers as a Police Officer. 'D' was standing near 'P' but not out of sight. The facts indicated in the question are covered by illustrations (b) and (c) to Exception-I under Section 300 of IPC.

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house trespass. Section 441 of the Indian Penal Code expressly defines criminal trespass. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass.
Thus, option 4 is the answer.

In Jagmohan Singh v. State of Uttar Pradesh, a five-judge bench of the SC upheld the constitutional validity of the death penalty. The petitioners argued that there were no sentencing guidelines for judges to determine when the death sentence must be imposed. The petitioners claimed that this wide discretion afforded to courts violated the Right to Equality, Right to Freedom of Expression, and Right to Life under Articles 14, 19, and 21 of the Constitution of India, 1950. The SC stated that the Right to Life is not violated as long as the death sentence is imposed as per procedure established by law. The death penalty was not unreasonable and did not violate public policy—it did not contravene Article 19. The discretion afforded to courts in imposing the death penalty was not violative of the Right to Equality. The court balances 'aggravating' and 'mitigating' circumstances in deciding whether to impose the death penalty. Therefore, the court's discretion is not unfettered.

The procedure for the amendment of the Constitution under Article 368 of the Constitution of India requires an amendment to be initiated by the introduction of a Bill in either House of Parliament. The Bill may be introduced in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). After being passed by both Houses of Parliament, it requires the President's assent to become law.

In the Schedule appended to the Commercial Courts Act, it is expressly mentioned in Order XI Rule 1(1) that the plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:—
(a) documents referred to and relied on by the plaintiff in the plaint;
(b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff's case.
Therefore, option 4 is the answer.

The limitation period for leave to appear and defend a suit under summary procedure is provided in the Schedule appended to the Limitation Act. The limitation period is provided in Article 118 of the Limitation Act. The limitation period is ten days from the date when the summons is served.