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Delhi Judicial Services Prelims Mock Test - 6 - Judiciary Exams MCQ


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30 Questions MCQ Test - Delhi Judicial Services Prelims Mock Test - 6

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Delhi Judicial Services Prelims Mock Test - 6 - Question 1

In case of an offence punishable with fine only, imprisonment for non-payment of fine

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 1
It has been given under Section 67 of the Indian Penal Code that if the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple. It shall not exceed the given scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
Delhi Judicial Services Prelims Mock Test - 6 - Question 2

In a suit for specific performance of contract for sale, the plaintiff should allege that

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 2
Under Section 16 of the Specific Relief Act, 1963, it has been stated that specific performance of a contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms, the performance of which has been prevented or waived by the defendant.
Thus, in a suit for specific performance of contract for sale, the plaintiff should allege that he has always been ready and willing to perform his part of the contract.
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Delhi Judicial Services Prelims Mock Test - 6 - Question 3

Proviso to Section 34 of the Specific Relief Act relates to suits for

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 3
The main provision of Section 34 and proviso (both) provides for declaration for suits.
Proviso to Section 34 is stated as:
Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Thus, option 1 is correct.
Delhi Judicial Services Prelims Mock Test - 6 - Question 4
S, a shopkeeper, has kept the goods for sale on the pavement outside the shop and constructed temporary overhead shed. Flying squad of NCT of Delhi demolished the temporary construction and seized the goods from the pavement, without giving him any notice. The shopkeeper can file a suit
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 4
The situation above is based on the provision given under section 80 of CPC, according to which, no suit shall be instituted against the Government or against a Public Officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of 2 months next after notice in writing has been delivered. The shopkeeper can thus, file a suit against the government after the period prescribed i.e. two months of notice.
Delhi Judicial Services Prelims Mock Test - 6 - Question 5
Which of the following remains in India throughout its journey?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 5
The Beas River flows from a height of 14,308 ft at Rohtang Pass, Himachal Pradesh, from where it flows through the Kullu valley towards south, adding from various mountains bound tributaries. The river crosses Mandi and turns west, flowing into the Kangra Valley at Sandhol at 1940 ft above sea level. The river is divided into three directions, which join back after crossing Mirthal at 980 ft above sea level. The Beas meets the Shivalik Hills in Hoshiarpur and turns north, creating a boundary with the Kangra district, separating the Gurdaspur and Hoshiarpur districts. Coming down from the valley, it enters into Punjab at Kapurthala, and turns south and meets into the Sutlej River at Harike.
Among the given options, only Beas River remains in India throughout its journey.
Delhi Judicial Services Prelims Mock Test - 6 - Question 6
Imprisonment in execution of a decree is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 6
As per Section 55 of the Civil Procedure Code, a person can be arrested in connection with civil case also. It says that a judgement-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the court, and his detention may be in the civil prison of the district in which the court ordering the detention is situated, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the courts of such district to be detained.
Delhi Judicial Services Prelims Mock Test - 6 - Question 7
Where is the Indian Space and Research Organisation situated?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 7
Indian Space Research Organisation (ISRO), the Indian space agency, was founded in 1969 to develop an independent Indian space program. Its headquarters is in Bangalore (Bengaluru).
Delhi Judicial Services Prelims Mock Test - 6 - Question 8
The first cellular phone service in India was introduced by
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 8
The first cellular phone service in India was introduced by Modi Telstra in 1995.
Delhi Judicial Services Prelims Mock Test - 6 - Question 9
Which of the following is not an essential condition for an arbitration agreement as per Section 7 of the Arbitration and Conciliation Act, 1996?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 9
Registration of an arbitration agreement is not essential as per Section 7 of the Arbitration and Conciliation Act, 1996.
Delhi Judicial Services Prelims Mock Test - 6 - Question 10
The liability of the surety under the contract of guarantee is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 10
Section 126 of the Indian Contract Act defines 'contract of guarantee'. A contract of guarantee is a contract to perform the promise or discharge the liability of a third person in case of his default. This third person is a surety. Section 128 of the Act prescribes the surety's liability as coextensive with that of the principal debtor, unless it is otherwise provided by the contract.
Delhi Judicial Services Prelims Mock Test - 6 - Question 11

Directions: Fill the gap with the most appropriate option that makes the sentence meaningful.
No hero of ancient or modern days can surpass an Indian with his lofty contempt of death and the ________________ with which he sustains its cruelest affliction.

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 11

Fortitude' means the mental and emotional strength in facing difficulty. It is correct here as the use of "sustains its cruelest afflictions" suggests the same.

Delhi Judicial Services Prelims Mock Test - 6 - Question 12
Which of the following properties cannot be attached in execution of a decree?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 12
Section 60 of CPC provides lists of properties liable to attachment and sale in execution of decree. The following properties are liable to attachment and sale in execution of a decree, namely:
(i) lands, houses or other buildings;
(ii) goods;
(iii) money, bank notes, cheques, bills of exchange, hundis, promissory notes; and
(iv) government securities, bonds or other securities for money, debts and shares in a corporation.
Thus, option (1) is correct.
Delhi Judicial Services Prelims Mock Test - 6 - Question 13
What is the minimum age to be eligible for becoming the President of India?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 13
Article 58 (1) (b) of the Constitution of India prescribes 35 years as the minimum age for election to the post of the President.
Delhi Judicial Services Prelims Mock Test - 6 - Question 14
An agreement in restraint of trade in a partnership under Section 11 of the Indian Partnership Act is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 14
Section 11 of the act states that notwithstanding anything contained in Section 27 of the Indian Contract Act, 1872, such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner. Therefore, an agreement in restraint of trade in a partnership under Section 11 of the Indian Partnership Act is valid.
Delhi Judicial Services Prelims Mock Test - 6 - Question 15
Amendment to which of the following provisions of the Constitution requires ratification by the State?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 15
Only those Constitutional Amendments, which are mentioned in the proviso to Clause (2) of Article 368 of the Constitution of India, are required to be ratified by the Legislatures of not less than one-half of the States. These provisions are mainly those which are related to federal character.
The proviso mentions the following provisions of the Constitution which require ratification by State Legislatures:
(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article [i.e. Article 368 itself].
Therefore, option 2 is the correct answer.
Delhi Judicial Services Prelims Mock Test - 6 - Question 16

Directions: In the following question, choose the word from the options which is opposite in meaning to the given word.
Precipitous

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 16

Precipitous' means steep or abrupt. So, opposite is 'gentle' which means 'gradual'.

Delhi Judicial Services Prelims Mock Test - 6 - Question 17
Which of the following is written by Bhaskara II?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 17
Bhaskara II was an Indian mathematician and astronomer. He has been called the greatest mathematician of medieval India. His main work Siddhānta Shiromani is divided into four parts called Lilāvatī, Bījagaṇita, Grahagaṇita and Golādhyāya.
Delhi Judicial Services Prelims Mock Test - 6 - Question 18
Although Lily was a tractable young woman, she had a streak of defiance.
In the above sentence, 'tractable' is closest in meaning to:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 18
The word 'tractable' means malleable or easy to control or influence.
Delhi Judicial Services Prelims Mock Test - 6 - Question 19
Which sub atomic particle is referred to as the ''God Particle''?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 19
Higgs Boson is known as the "God Particle".
Higgs Boson, also known as the Higgs particle, is an elementary particle in the Standard Model of particle physics. The main application of it is that it allows scientists to discover the Higgs field - a fundamental field first suspected to exist in the 1960s that, contrasting the more familiar electromagnetic field, cannot be "turned off", but instead takes a non-zero constant value almost everywhere.
The very popular nickname for this mysterious particle was created for the title of a book by Nobel Prize winning physicist, Leon Lederman, but reportedly against his will, as Lederman had said he wanted to call it the "Goddamn Particle" because "nobody could find the thing".
Delhi Judicial Services Prelims Mock Test - 6 - Question 20
Which judge of the Supreme Court gave a dissenting opinion in the Bhima Koregaon SIT probe case?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 20
In the Bhima Koregaon SIT probe case, Justice Chandrachud disagreed with the majority view saying the arrest of the five accused was an attempt by the state to muzzle dissent. He further said, "Short of incitement to violence and subversion of elected government, dissent must be allowed in a democracy."
Delhi Judicial Services Prelims Mock Test - 6 - Question 21
Under section 468 Cr.P.C, the period of limitation for an offence punishable with a term not exceeding one year is:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 21
As per Section 468(1) of Code of Criminal Procedure, no court shall take cognisance of an offence of the category specified in Sub-section (2), after the expiry of the period of limitation.
The period of limitation shall be:-
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
Delhi Judicial Services Prelims Mock Test - 6 - Question 22
Which section of the Code of Criminal Procedure, 1973, enacts the rule of autrefois acquit and autrefois convict?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 22
Section 300 of the Code of Criminal Procedure, 1973, enacts the rule of autrefois acquit and autrefois convict, which means that a person once convicted or acquitted cannot be tried for the same offence again.
Delhi Judicial Services Prelims Mock Test - 6 - Question 23
Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in execution:
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 23
Order XXI Rule 33 of CPC says, "Where the Court has made an order the manner for execution of decree for restitution of conjugal rights, it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgement-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgement-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments."
Delhi Judicial Services Prelims Mock Test - 6 - Question 24
Who can appoint the arbitrator pursuant to an Arbitration Agreement of reference of disputes to a sole arbitrator?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 24
There can be reference to arbitration only if there is an Arbitration Agreement between the parties. The Arbitration and Conciliation Act, 1996, makes it clear that an arbitrator can be appointed under the Act at the instance of a party to an Arbitration Agreement only in respect of disputes with another party to the Arbitration Agreement.
Failure on the part of the party to appoint an arbitrator in terms of the agreement would amount to abdication of the right of that party to make such appointment and the court would then be competent to appoint the arbitrator of its choice.
Delhi Judicial Services Prelims Mock Test - 6 - Question 25
Power of High Court to confirm sentence is provided under which of the following Sections of the Criminal Procedure Code?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 25
The High Court may, as per Section 368 of Cr.P.C.
1. confirm the sentence, or pass any other sentence warranted by law or
2. annul the conviction and convict the accused of any offence of which the Court of Session might have convicted him or
3. acquit the accused person
Delhi Judicial Services Prelims Mock Test - 6 - Question 26
The Supreme Court in Collector Land Acquisition, Anantnag v. Katiji, AIR 1987 SC 1353 laid down the
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 26
The Supreme Court in Collector Land Acquisition, Anantnag v. Katiji, AIR 1987 SC 1353 laid down the guiding principles for deciding an application under Section 5 of the Limitation Act, 1963.
Delhi Judicial Services Prelims Mock Test - 6 - Question 27
Against an Award passed in a domestic arbitration at Delhi, a petition under Section 34 of the Arbitration and Conciliation Act, 1996, can be filed before
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 27
Under Section 34 of the Arbitration and Conciliation Act, 1996, a petition challenging an arbitral award can be filed before the appropriate court. In this case, it would be the Commercial Division of the High Court or the Commercial Court having territorial jurisdiction over the arbitration, depending on the specified value of the dispute. This provision is in line with the amendments made to the Act to establish specialized commercial courts for handling commercial disputes.
Delhi Judicial Services Prelims Mock Test - 6 - Question 28
Where the police submits a final closure report under Section 173 of CrPC, to a Magistrate, that no incriminating material could be unearthed during the investigation against the accused, the Magistrate is
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 28
When the police submits a closure report under Section 173 of the Code of Criminal Procedure (CrPC.), it means that, after investigation, they have not found sufficient evidence to proceed with the case against the accused. The Magistrate is not obligated to accept the police's decision that no incriminating material could be found. The Magistrate has the authority to independently assess the situation. Furthermore, the Magistrate may direct further investigation without hearing the accused or the complainant. This emphasises the discretionary power of the Magistrate to ensure a thorough examination of the case. If the Magistrate believes that more investigation is needed to uncover relevant evidence, they can instruct the police to conduct further inquiries. Therefore, option 2 is the answer.
Delhi Judicial Services Prelims Mock Test - 6 - Question 29

A suit for recovery of money based on pronote is filed on day after expiry of period of limitation. There is neither any prayer by the plaintiff for condonation of delay nor any objection taken in written statement by the defendant. Which of the following statements is correct?

Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 29

Section 3 of the Limitation Act expressly states that every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. According to this provision, if a suit is filed after the prescribed period, it shall be dismissed even if the bar of limitation has not been raised as a defence. In the scenario described, where a suit for the recovery of money based on a pronote is filed on the day after the expiry of the limitation period, the suit is likely to be dismissed under this provision.

Delhi Judicial Services Prelims Mock Test - 6 - Question 30
Communication during marriage between spouses is generally protected from disclosure, subject to exceptions, under which section of the Indian Evidence Act?
Detailed Solution for Delhi Judicial Services Prelims Mock Test - 6 - Question 30
Communication during marriage is protected under Section 122 of the Indian Evidence Act. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.
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