Punjab Judicial Services Prelims Mock Test - 3 - Judiciary Exams MCQ

Non-resident Indian means a person of Indian origin, who is either permanently or temporarily settled outside India.
A non-resident Indian is entitled to seek eviction of his tenant under Section 13-B the East Punjab Urban Rent Restriction Act, 1949, if he is either permanently or temporarily settled outside India, irrespective of his status as a citizen of India.

If the money suit is filed within three years from the date on which cause of action arises, then the suit is not barred by limitation. The period of limitation for a suit for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use is three years and the time of limitation starts to run when the money is received.

The Laureus World Sports Awards is an annual award ceremony honouring individuals and teams from the world of sports along with sporting achievements throughout the year. It was established in 1999 by Laureus Sport for Good Foundation founding patrons Daimler and Richemont. This is the 20^th anniversary of the prestigious Laureus Award which celebrates the best in the world of sport. The event was held in Berlin, Germany.

Provisions of Article 124(1) of the Constitution provide that the Supreme Court of India shall comprise a Chief Justice and not more than 31 other judges (Amendment 2008).

When two persons are related to each other by blood or adoption but wholly through males, they are said to be agnates of each other. For example, a person is an agnate of his father's brother's son. It has been held that being related by blood does not mean being related by birth. Hence, 'agnate' also includes relations by marriage. Therefore, a father's brother's widow is an agnate of the deceased and entitled to his property. Similarly, a father's brother's daughter would be an agnate.

Divorce by mutual consent has emerged as one of the most sought modes of obtaining divorce in the recent times. Section 13B of the Hindu Marriage Act, 1955 enumerates the law pertaining to divorce by mutual consent. One of the basic essential ingredients to obtain divorce through mutual consent is that both the parties, i.e. husband and wife mutually agree to obtain divorce.

The provisions of Sub-Section (5) of Section 164 CrPC make it evident that a magistrate cannot administer oath upon an accused; therefore, the recording of a confession on oath is prohibited. The administration of oath to an accused person while recording a confessional statement would be a curable defect under Section 463 CrPC.

In 1967, the Supreme Court reversed its earlier decisions in Golaknath v. State of Punjab. It held that the fundamental rights included in Part III of the Constitution are given a "transcendental position" and are beyond the reach of the Parliament. It also declared that any amendment that "takes away or abridges" a fundamental right conferred by Part III as unconstitutional. By 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna's judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered. However, in this landmark ruling, the court adjudicated that while the Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the Constitution.

Section 17 of the Registration Act specifically refers to the documents of which registration is compulsory. The deed of adoption is not one of the documents mentioned in Sub-Section 1 of Section 17 which mandatorily require registration.

Section 41 of the Specific Relief Act says that an injunction cannot be granted:
(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i) when the conduct of the plaintiff or his agents has been such as to dis-entitle him to the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.

Section 4 of the Indian Contract Act says, "The communication of a revocation is complete as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when it comes to his knowledge." A revokes his proposal made to B by telegram. The revocation is complete as against A when the telegram is dispatched by A.

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree.
However, a person who incites another to do a crime will become a part of a conspiracy if an agreement is reached, and may then be considered an accessory or a joint principal if the crime is eventually committed.
So, in conspiracy, there is no distinction between a principal and an accessory.

Bhutan is located on the southern slopes of the eastern Himalayas, landlocked between the Tibet Autonomous Region to the north and the Indian states of Sikkim, West Bengal, Assam, and Arunachal Pradesh to the west and south.

Article 356 of the Constitution of India provides for provisions and powers of President in case of failure of Constitutional machinery in states.
Amongst various powers, the following is one of them:
If the Chief Minister in spite of commanding the confidence of the Legislative Assembly cannot run his government in accordance with the Constitution, the President can proclaim emergency.

Section 219 of the Code Of Criminal Procedure, 1973, provides:
''When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.''

Order XXI of the CPC provides, ''When a decree has been sent to a court for execution, if the said court does not have jurisdiction to execute the decree, it shall further send the decree to the court having such jurisdiction.''

The Supreme Court in Mithu v. State of Punjab struck down Section 303 of the Indian Penal Code, which provided for a mandatory death sentence for offenders who committed murder whilst serving a life sentence. The court held Section 303 unconstitutional as it violated the right of equality conferred by Article 14 and also Article 21.

As per Section 6(2)(b) of the Specific Relief Act, 1963, a suit for recovery of possession of any immovable property shall not be brought against the Government.

A 'sale' creates a jus in rem, i.e. the right to the buyers to claim the goods as against anybody who disturbs their right to use the goods including the seller.
As against this, an agreement to sell creates merely a jus in personam, i.e. the right to either party (buyer or seller) against each other for any default in fulfilling its part of agreement.

Section 90 of Indian Penal Code provides for the provisions when consent is known to be given under fear or misconception.

Section 85 of the Indian Evidence Act says, "The court shall presume that every document purporting to be a power of attorney has been executed before, and authenticated by, a notary public, or any court, judge, magistrate, Indian consul or vice-consul, or representative of the Central Government, was so executed and authenticated."Therefore, any of the above is the correct answer.

Rajya Sabha cannot be dissolved. Article 83 of the Constitution provides that the Council of States shall not be subject to dissolution, but one-third members of the Council or Rajya-Sabha retire every second year.

According to Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, the option to be governed by the provisions of Section 125 to 128 of Cr.P.C. can be made on an application by either party jointly or separately.

The schedule provided under the Specific Relief Act deals with the categories of ''projects and infrastructure sub-sectors''. It includes transport, energy, water and sanitation, communication, social and commercial infrastructure.

Under section 468(2) of the Code of Criminal Procedure, the period of limitation shall be-
six months, if the offence is punishable with fine only;
one year, if the offence is punishable with imprisonment for a term not exceeding one year;
three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Right to appeal is a statutory and substantive one. The statutory nature of an appeal implies that it has to be specifically conferred by a statute along with the operative appellate machinery as opposed to the right to institute a suit, which is an inherent right. It is substantive in the sense that it has to be taken prospectively unless provided otherwise by any statute.

Things said or done by a conspirator in reference to the common design are relevant under Section 10 of Evidence Act. This section is based on the theory of implied agency. According to the section, where there is a reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Therefore, the things said or done by one conspirator are admissible against the other if they relate to the conspiracy.

Section 44(e) of the Indian Partnership Act says that at the suit of a partner, the Court may dissolve a firm on the ground that a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 or has allowed it to be sold in the recovery of arrears of land revenue or of any dues recoverable as arrears of land revenue due by the partner.

Section 2 of the Dissolution of Muslim Marriage Act, a woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:--
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from a virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;
(viii) that the husband treats her with cruelty, that is to say,--
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property of prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;
(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law.
Thus, option 1 is not a valid ground for judicial divorce.

Coparcenary property is named thus because the co-ownership is marked by unity of possession, title and interest. A coparcener in a joint family is born with an interest in the coparcenary property which means that the moment he is born in the family, he gets a right by birth in the ownership of the coparcenary property.