Punjab Judicial Services Prelims Mock Test - 1 - Judiciary Exams MCQ

The 9^th National Voters' Day was celebrated across the country on January 25, 2019 for enhanced participation of citizens in the electoral process, with the theme 'No Voter to be Left Behind'.
The National Voters' Day is celebrated all over the country on January 25 every year since 2011 to mark the Foundation day of Election Commission of India, which was established on 25^th January 1950.
The main purpose of the celebration is to encourage, facilitate and maximize the enrollment, especially for the new voters.

Article 368 of the Constitution provides for the power of Parliament to amend the Constitution.
An amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

Section 17 of Hindu Marriage Act deals with punishment for bigamy. Any marriage between two Hindus, solemnised after the commencement of this act is void, if at the date of such marriage, either party had a husband or wife living and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

In the case of Sriomani Gurudwara Prabhadhak Committee v. Somnath Das (2000) 4 SCC 186, it was held that the Guru Granth Sahib is considered a juristic person.

Section 15, sub section 1 of the Limitation Act says, "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time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded."

Section 14 Specific Relief Act, 1963, provides for contract not specifically enforceable.
It reads as follows:
The following contracts cannot be specifically enforced, namely—(a) where a party to the contract has obtained substituted performance of contract; (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; (c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and (d) where pecuniary compensation would afford adequate relief.
Thus, option 4 is correct.

The situation given in option (1) is provided under Illustration (b) of Section 56 of the Indian Contract Act. This is a case of frustration of contract, i.e. the contract becomes void due to change of circumstances beyond control.

Consent' is usually expressed in law through the Latin phrase 'Volenti non fit injuria'. A direct translation of the phrase is, 'to one who volunteers, no harm is done'. It is often stated that the claimant consents to the risk of harm. However, the defence of volenti is much more limited in its application and should not be confused with the defence of consent in relation to trespass. The defence of 'volenti non fit injuria' requires a freely entered and voluntary agreement by the claimant, in full knowledge of the circumstances, to absolve the defendant of all legal consequences of his actions.

As per Section 68 of the Indian Evidence Act, "If a document is required by law to be attested, it shall not be used as evidence, until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence.

Section 5, Hindu Marriage Act, 1955, provides:
If a party:
a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
c) has been subject to recurrent attacks of insanity or epilepsy;
that party is regarded as not having the mental capacity to solemnise the marriage.
Therefore, all of the above is the correct option.

Section 6 of the Specific Relief Act, 1963 is to restrain a person from using force to dispossess a person without his consent, otherwise than in due course of law. Under this section, a special remedy of possession is available by way of a summary procedure for a person disposed of immovable property without consent and otherwise in due course of law.

A child in mother's womb is presumed to be born before the death of the intestate, although born subsequently. It is by fiction or indulgence of the law that the rights of a child born in just matrimonio are regarded by reference to the moment of conception and not by birth and the unborn child in the womb, if born alive, is treated as actually born for purpose of conferring on him benefits of inheritance.

Section 7 of Indian Partnership Act, 1932, defines "PARTNERSHIP-AT-WILL". According to it, where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is "partnership-at-will".

Civil Aviation Minister, Suresh Prabhu, inaugurated the 'Global Aviation Summit 2019' in Mumbai. The summit, with a theme 'Flying for all-especially the next 6 Billion', was organised by the Ministry of Civil Aviation, in association with FICCI.

Muslim marriage is a civil contract. Justice Syed Mehmud, in Abdul Kadir v. Salima, said that "marriage among Muhammadans is not a sacrament, but purely a civil contract; and though it is generally solemnised with recitation of certain verses from the Kuran, yet the Muhammadan law does not positively prescribe any service peculiar to the occasion." It is a civil contract and is manifested from the various ways and circumstances in and under which marriages are contracted or presumed to have been contracted.

According to the doctrine of election, one has to choose either to accept a property with its obligations or to reject the acceptance of that property. Privileges and obligations must go hand in hand i.e. to say, if one chooses to accept the property, it must also bear the burden/obligations that follow the property. Therefore, the foundation of doctrine of election under the Transfer of Property Act, 1882, is that a person taking the benefit of an instrument must bear the burden

The situation above can be dealt with under Section 39 of the Indian Contract Act, which provides for the effects of such breach of contracts. Under Section 39 of the Contract Act, 1872, effect of refusal of party to perform promise wholly has been provided. According to the said section, when a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.

Section 28 of the Indian Contract Act renders void two kinds of agreement, namely:

• An agreement by which a party is restricted absolutely from enforcing his legal rights arising under a contract by the usual legal proceedings in the ordinary tribunals
• An agreement which limits the time within which the contract rights may be enforced

No time limit is fixed for the registration of a partnership firms under the Partnership Act. Registration of a partnership firm may be done at any time, either before starting a business or anytime during the continuation of partnership. It is always advisable to register the firm, since a registered firm enjoys special rights, which are not available to the unregistered firms.

Section 300 Exception 1: Culpable homicide is not murder if the offender, whilst 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 who gave the provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:
Firstly, the provocation is not sought or voluntarily provoked by the offender as an excuse for the killing or doing harm to any person.
Z strikes B. B is, by this provocation, excited to violent rage. A, a bystander intending to take advantage of B's rage and cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here, B may have only committed culpable homicide, but A is guilty of murder.

Lord Chelmsford's tenure was from 1916 to 1921. On his name, the Act was also called Montague-Chelmsford Reforms. The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Lord Chemlsford. This Act represented the end of benevolent despotism and began genesis of responsible government in India. It was set to be reviewed by the Simon Commission in 10 years.

Confession to police under Section 25 of the Evidence Act is inadmissible whether it relates to the same crime.
The section reads as follows: No confession made to a police officer shall be proved as against a person accused of any offence.

The limitation for filing an appeal commences from the date of judgement and not from the date of decree is signed. A person cannot get exclusion of the period that elapsed between pronouncements of the judgement and the signing of the decree if he made the application for a copy only after preparation of the decree.

Section 24 of the Specific Relief Act, 1963, lays down that the dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach.

According to Article 356, President Rule can be imposed on any State of India on the grounds of the failure of the constitutional machinery. Parliamentary approval is necessary for the imposition of President Rule on any State. The proclamation of President Rule should be approved in both Houses of Parliament within two months of its issue. The President Rule is initially for a period of 6 months. Later, it can be extended for a period of three years with Parliamentary approval, every six months. Thus, in case President Rule in the State is not approved by the Parliament, the same promulgation shall last for 6 months.

Explanation attached to Section 118 of the Indian Evidence Act expressly provides that a lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Thus, a lunatic, if he is capable of understanding the questions put to him and giving rational answers, is a competent witness.

The principle of 'Proof of document not required by law to be attested' is mentioned under Section 72 of the Indian Evidence Act. It provides that an attested document not required by law to be attested may be proved as if it was unattested.

Section 5 of the Indian Partnership Act states that the relation of partnership arises from contract and not from status and in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such business.

Section 111 states the determination of the lease which lays down the ways in which lease is terminated. A lease of immovable property determines—
(a) by efflux of the time limited thereby;
(b) where such time is limited conditionally on the happening of some event—by the happening of such event;
(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event—by the happening of such event;
(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right;
(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them;
(f) by implied surrender;
(g) by forfeiture; that is to say,
(1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter, or
(2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or
(3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease;
(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.

Acknowledgment after the period of limitation is of no effect as Section 18 of the Limitation Act clearly states that where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.