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


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30 Questions MCQ Test - Punjab Judicial Services Prelims Mock Test - 2

Punjab Judicial Services Prelims Mock Test - 2 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Punjab Judicial Services Prelims Mock Test - 2 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Punjab Judicial Services Prelims Mock Test - 2 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Punjab Judicial Services Prelims Mock Test - 2 below.
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Punjab Judicial Services Prelims Mock Test - 2 - Question 1

Which Himalayan pass lies between the valley of Kashmir and Kargil district, and is the only western entrance to the highlands of Ladakh?

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 1
Zoji La is a high mountain pass in the Indian state of Jammu and Kashmir, located on National Highway 1 between Srinagar and Leh in the western section of the Himalayan mountain range. It separates Kashmir Valley to its west from Dras Valley to its northeast. Zoji La is the only western entrance to the highlands of Ladakh. It runs at an elevation of approximately 3,528 metres (11,575 ft), and is the second highest pass after Fotu La on the Srinagar-Leh National Highway.
Punjab Judicial Services Prelims Mock Test - 2 - Question 2

Latent ambiguity in a document means ambiguity

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 2
Latent ambiguity is an ambiguity that does not readily appear on the face of a document. The latent ambiguity, however, must become evident when the contract is read in the context of the surrounding circumstances, not after parol evidence of intent is admitted to create an ambiguity. Latent ambiguity in a document means ambiguity of hidden character and for the clarification of which oral evidence may be given.
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Punjab Judicial Services Prelims Mock Test - 2 - Question 3

A decree of restitution of conjugal rights, in India, can be executed by

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 3
Order 21, Rule 32 of the CPC is a relevant provision. "You can take a horse to the water, but you cannot make him drink", is a very popular proverb and the provision for restitution of conjugal rights under the Indian personal laws seems to be akin. The court can pass a decree for restitution of conjugal rights and order the erring spouse to cohabit with the aggrieved spouse. Also, under the Indian law, a decree of restitution of conjugal rights can be executed by attachment of the respondent's property.
Punjab Judicial Services Prelims Mock Test - 2 - Question 4
In computing the period of limitation for any suit, the time during which the plaintiff has been prosecuting with due diligence, another civil proceeding, whether in a court of first instance or of appeal or revision against the defendant, shall be excluded where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court, which from the defect of jurisdiction, is unable to entertain it. Exclusion of such period has been laid down in Section _______ of the Limitation Act, 1963.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 4
Section 14 of the Limitation Act, 1963, provides that the time during which the plaintiff has been prosecuting with due diligence, another civil proceeding, whether in a court of first instance or of appeal or revision against the defendant where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it, then in computing the period of limitation for any suit, such time shall be excluded.
Punjab Judicial Services Prelims Mock Test - 2 - Question 5

Which of the following is/are true in the context of abetment?
A says to B, ''I intend to kill C''. B says, ''Do as you like''. A kills C. B is guilty of

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 5

The abetment of an offence being an offence, the abetment of such an abetment is also an offence. 'B' has not abetted the offence in these facts. So, 'B' is not guilty for any offence.

Punjab Judicial Services Prelims Mock Test - 2 - Question 6

A police officer tortures a person to force him to confess the commission of a crime. He shall be guilty under _______ of the Indian Penal Code, 1860.

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 6

A police officer tortures a person to force him to confess the commission of crime. He shall be guilty under Section 330 of the Indian Penal Code, 1860. It states, "Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information, which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information, which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Punjab Judicial Services Prelims Mock Test - 2 - Question 7
Where was the world's first commercial flying car PAL-V built in 2020?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 7
The world's first commercial flying car named 'PAL-V Liberty' was developed in Gujarat, India. PAL-V stands for 'Personal Air and Land Vehicle'. The PAL-V Liberty is a combination of a car and an autogiro, or gyroplane. A Memorandum of Understanding was signed in the presence of Gujarat Chief Minister Vijay Rupani between State Industries Principal Secretary M. K. Das and Carlo Maasbommel, Vice-President of PAL-V's international business development. Dutch company PAL-V (Personal Air and Land Vehicle) will develop this car.
Punjab Judicial Services Prelims Mock Test - 2 - Question 8
A disputed handwriting can be proved
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 8
Sections 45, 46, 47 and 73 of Indian Evidence Act provide the provisions for expert opinion. Sections 45, 46 & 47 provide for examination of a person acquainted with the hand-writing of the writer of the questioned document, and Section 73 provides for the comparison of the two admitted and disputed documents.
Punjab Judicial Services Prelims Mock Test - 2 - Question 9
Which section of the Indian Evidence Act, 1872, relates to presumption as to 'dowry death'?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 9
Section 113B of the Indian Evidence Act, 1872, provides:
Presumption as to dowry death
According to this section:
When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.
Punjab Judicial Services Prelims Mock Test - 2 - Question 10
Which one of the following statements is correct in respect of state power of reservation in admissions to educational institutions?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 10
The 93rd Constitutional Amendment allows the government to make special provisions for advancement of any socially and educationally backward classes of citizens, including their admission in aided or unaided private educational institutions. Gradually this reservation policy is to be implemented in private institutions and companies as well. Both caste and poverty are relevant criteria in respect of state power of reservation in admissions to educational institutions.
Punjab Judicial Services Prelims Mock Test - 2 - Question 11
Decree means
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 11
As per Section 2(2), CPC, a decree is a formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order.
Punjab Judicial Services Prelims Mock Test - 2 - Question 12
Which of the following is true?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 12
Order 19 Rule 3 of Code of Civil Procedure (C.P.C.) provides that affidavits should be confined to such facts as the deponent is able on his own knowledge to prove. When the matter deposed to is not based on personal knowledge, the sources of information should be clearly disclosed.
Punjab Judicial Services Prelims Mock Test - 2 - Question 13
All instruments shall, for the purposes of the Indian Limitation Act, be deemed to be made with reference to the ________.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 13
Section 24 of the Limitation Act, 1963, says, "All instruments shall, for the purpose of this act, be deemed to be made with reference to the Gregorian calendar." The Gregorian calendar is the calendar used in most of the world. It is named after Pope Gregory XIII, who introduced it in October 1582. The calendar spaces leap years to make the average year 365.2425 days long, approximating the 365.2422-day tropical year that is determined by the Earth's revolution around the Sun.
Punjab Judicial Services Prelims Mock Test - 2 - Question 14
The Preamble of the Constitution of India includes all of the following, except:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 14
Preamble of the Constitution of India provides the following:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens,
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
Therefore, adult franchise is not included.
Punjab Judicial Services Prelims Mock Test - 2 - Question 15
Foreign judgment, as defined under Section 2(6) of CPC, means
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 15
A foreign judgment is defined, under Section 2(6), as a judgment of a foreign court.
Judgment as per Section 2(9) of CPC means the statement given by the judge, on the grounds of a decree or order.
Punjab Judicial Services Prelims Mock Test - 2 - Question 16
Which of the following is not a Fundamental Right under the Constitution of India?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 16
The right to property was initially present in the Indian Constitution, under part III "Fundamental right", Article 31, but it was abolished by the 44th Amendment Act ,1978. Initially, it was made a fundamental right so as to provide protection of property and give legality of land to the people living in newly independent India. Now, it has been made a constitutional right under Article 300A, which states that no person can be deprived of his/her property, except by authority of law.
Punjab Judicial Services Prelims Mock Test - 2 - Question 17
A will is required to be proved by calling at least one attesting witness
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 17
Section 68 of Evidence Act provides that if a document is required by law to be attested, it shall not be used as evidence until one attesting witness is present or called for. Since will is required by law to be attested by at least two persons, it cannot be proved without the presence of at least one witness, no matter if it is registered or unregistered.
Punjab Judicial Services Prelims Mock Test - 2 - Question 18

Under Section 32 of the Evidence Act, the opinion

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 18

Under section 32(4) of the Indian Evidence Act, "Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense, which under the circumstances of the case, appear to the court unreasonable, are themselves relevant facts in the case when the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen."

Punjab Judicial Services Prelims Mock Test - 2 - Question 19
When the accused is aggrieved by the report of the clinical psychologist as to his unsoundness of mind, he may prefer an appeal to
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 19
Clause 1A was inserted by the Act 5 of 2009, Section 25(a). According to this clause, if a civil surgeon or a medical officer finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist and he shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation. This clause comes with a proviso which lays down the following:
''Provided that if the accused is aggrieved by the information which is given by the psychiatrist or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of:
(a) head of the psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest Medical college.''
Punjab Judicial Services Prelims Mock Test - 2 - Question 20
Objection as to place of suing shall be taken in the Court of first instance, is the essence of Section _________ of the Code of Civil Procedure, 1908.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 20
Section 21 of CPC provides objections to jurisdiction. It states that no objection as to the place of suing shall be allowed by any Appellate or Revisional Court, unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, unless there has been a consequent failure of justice.
Punjab Judicial Services Prelims Mock Test - 2 - Question 21
When there are more than one defendant, the service of summons shall be made on
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 21
Provisions under Order V Rule 11 of C.P.C. state, "Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
Punjab Judicial Services Prelims Mock Test - 2 - Question 22
To establish Section 34 of IPC,
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 22
If a common intention is proved but no overt act is attributed to the individual accused, Section 34 will be attracted as essentially it involves vicarious liability. But if participation of the accused in the crime is proved and a common intention is absent, Section 34 cannot be invoked.
For the purpose of common intention, even the participation in the commission of the offence need not be proved in all cases. The common intention can develop even during the course of an occurrence.
Punjab Judicial Services Prelims Mock Test - 2 - Question 23
The duration of existence of a caveat filed under CPC is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 23
A caveat application under Section 148A of CPC is a legal tool used to protect a party's interest in an appeal proceeding. Clause 5 of Section 148A states that where a caveat has been lodged, such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless an application has been made before the expiry of the said period.
Punjab Judicial Services Prelims Mock Test - 2 - Question 24
Testimony of a witness to the existence or non-existence of the fact or the facts in issue is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 24
Testimony of a witness to the existence or non-existence of the fact or the facts in issue is oral evidence and it is also called living proof. These statements by witnesses help determine the matter in issue or controversy between the parties.
Punjab Judicial Services Prelims Mock Test - 2 - Question 25
Choose the correct option with respect to the readiness and willingness requirement in a suit for specific performance:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 25
The Kerala High Court has held that 'readiness' and 'willingness' under Section 16 (c) of the Specific Relief Act, 1963 are distinct and one does not imply the other. The court observed that while readiness refers to the capacity of the plaintiff to enforce a contract, willingness refers to the conduct of the plaintiff warranting performance. According to the court, specific performance of a contract can only be enforced if readiness is backed by willingness. In this context, the court observed that while readiness refers to the financial capacity of the plaintiff/vendor to pay the sale consideration, willingness is a different component referable to the conduct of the vendor. Therefore, it is not axiomatic that one who is ready is automatically willing to perform the contract. Per contra, one who is ready with the funds can still be unwilling to perform the contract for different reasons altogether, say for example, the vendor deems the transaction not feasible/profitable for commercial reasons.
Punjab Judicial Services Prelims Mock Test - 2 - Question 26
A minor acting through the guardian
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 26
Section 30 of the Indian Partnership Act provides that a person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership. Such minor's share is liable for the acts of the firm but the minor is not personally liable for any such act. Thus, a minor acting through the guardian can be admitted to the benefits of partnership without personal liability.
Punjab Judicial Services Prelims Mock Test - 2 - Question 27
A gift in favour of an unborn child is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 27
Property cannot be transferred to any person who is not even in the mother's womb because such a child is an unborn child. Thus, a transfer by way of gift to an unborn person is void. Though the transfer of property to an unborn cannot take place directly, transfer can be made for the benefit of an unborn person; that is to say, transfer in favour of the unborn is now permitted if it is made subject to the provisions of Section 13 of the Act.
Punjab Judicial Services Prelims Mock Test - 2 - Question 28
Under Section 3 of the Limitation Act, 1963, the Court is required to consider the question of limitation:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 28
Section 3 of the Limitation Act specifically 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. Thus, option 4 is correct.
Punjab Judicial Services Prelims Mock Test - 2 - Question 29
The Supreme Court of India recently permitted to introduce which animal to Indian habitat from Namibia?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 29
The Supreme Court, in 2020, allowed the introduction of African Cheetahs to a suitable habitat in India. The apex court had earlier declined permission to introduce the animal, calling it a foreign species. The top court said the animal could be brought to Madhya Pradesh's Kuno-Palpur Wildlife Sanctuary or any other part of India after a detailed study.
Punjab Judicial Services Prelims Mock Test - 2 - Question 30
According to which doctrine was a son adopted by a widow under the authority of the husband deemed to be adopted on the day the husband died
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 2 - Question 30
The doctrine of relation back states that an act performed at a later time is deemed to have occurred at a previous time by the law. The doctrine of relation back under old Hindu Law states that if a Hindu widow adopts a son after the death of his husband, then the adopted son will be deemed to have been adopted on the death of the husband.
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