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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Punjab Judicial Services Prelims Mock Test - 4 - Judiciary Exams MCQ

Punjab Judicial Services Prelims Mock Test - 4 - Judiciary Exams MCQ


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30 Questions MCQ Test - Punjab Judicial Services Prelims Mock Test - 4

Punjab Judicial Services Prelims Mock Test - 4 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Punjab Judicial Services Prelims Mock Test - 4 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Punjab Judicial Services Prelims Mock Test - 4 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 - 4 below.
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Punjab Judicial Services Prelims Mock Test - 4 - Question 1
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Which of the following awards instituted by KK Birla Foundation is given to an individual for outstanding work on Indian philosophy, culture and art?

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 1
The Saraswati Samman is an annual award for outstanding prose or poetry literary works in any of the 22 languages of India listed in Schedule VIII of the Constitution of India. It is named after an Indian goddess of learning and is considered to be among the highest literary awards in India. The Saraswati Samman was instituted in 1991 by the KK Birla Foundation. It consists of Rs. 15 lakh, a citation and a plaque. Candidates are selected from literary works published in the previous ten years by a panel that included scholars and former award winners.
Punjab Judicial Services Prelims Mock Test - 4 - Question 2
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The pardoning power given to the President of India under Article 72 of the Constitution can be exercised

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 2
Article 72 of the Constitution of India says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
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Punjab Judicial Services Prelims Mock Test - 4 - Question 3
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A magistrate may take cognisance of an offence

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 3
Section 190(1) provides for provisions relating to cognisance of offence by magistrates. It reads as follows:
Magistrates may take cognisance of any offence-
(a) Upon a police report of such facts; upon receiving a complaint of facts which constitute such offence;
(b) Upon a police report of such facts;
(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
Punjab Judicial Services Prelims Mock Test - 4 - Question 4
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Subject to contract between the partners, the property of the firm shall be held and used by the partners _____ for the purposes of the business.

Which of the following is suitable option for the fillup?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 4

Section 15 of the Indian partnership act says how the property of the firm shall be applied. It says that subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business.

Punjab Judicial Services Prelims Mock Test - 4 - Question 5
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Oral evidence under Section 60 of the Evidence Act may be
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 5
Section 60 of the Indian Evidence Act provides that oral evidence must be direct only.
If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it. If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it.
Punjab Judicial Services Prelims Mock Test - 4 - Question 6
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A person is an indigent person within the meaning of Order 33, Rule 1 of CPC if he is not possessed of
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 6
Order 33, Rule 1 of CPC states that a person is an indigent person:
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Punjab Judicial Services Prelims Mock Test - 4 - Question 7
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Under Section 10 of the Code of Civil Procedure, 1908, during the pendency of suit in a foreign court, Indian Courts _______ trying a suit founded on the same cause of action.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 7
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. However, an explanation to this section states as following: The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
Punjab Judicial Services Prelims Mock Test - 4 - Question 8
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Absolute restriction on the transfer of property is void under Section _______ of the Transfer of Property Act, 1882.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 8

Section 10 of the Transfer of Property Act says, "Where property is transferred, subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease, where the condition is for the benefit of the lessor or those claiming under him, provided that property may be transferred to or for the benefit of a women (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein."

Punjab Judicial Services Prelims Mock Test - 4 - Question 9
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Statutory tenant is a person who
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 9
Statutory tenant is the legal representative who occupies premises after death of the original tenant. This term is not defined under the statute.
Punjab Judicial Services Prelims Mock Test - 4 - Question 10
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Section 5 of the Limitation Act is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 10
Section 34 of the Arbitration and Conciliation Act, 1996, stipulates grounds to challenge the arbitral award made under Section 31. However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award. This period of limitation can be further extended by 30 days in cases where the applicant is able to show sufficient cause for delay in filing petition under Section 34.
However, Section 5 of the Limitation Act is not applicable to the proceedings under Section 34, Arbitration and Conciliation Act, 1996, and the time limit prescribed under Section 34 is absolute and unextendable.
Punjab Judicial Services Prelims Mock Test - 4 - Question 11
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The registration of a document relating to land, registered at a place where no part of the property is situated, is
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 11
According to Section 28 of the Registration Act,1908, the registration of a document relating to land, registered at a place where no part of the property is situated, may be void in the circumstances mentioned under option 2, but it is voidable and may be set aside within the period of limitations for registration. Therefore, option 4 is correct.
Punjab Judicial Services Prelims Mock Test - 4 - Question 12
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Under the Indian Partnership Act, 1932, where the partnership is at will, a partner may retire
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 12
Section 32(1)(c) of Indian partnership Act, 1932, provides for the retirement of a partner. It states:
(1) A partner may retire:
(a) with the consent of all the other partners,
(b) in accordance with an express agreement by the partners, or
(c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire
Punjab Judicial Services Prelims Mock Test - 4 - Question 13
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In what way must grievous hurt be caused to attract punishment under Section 322 of the IPC?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 13
Section 322, Indian Penal Code:
Voluntarily causing grievous hurt— Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
Explanation — A person is not said to cause grievous hurt voluntarily, except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But, he is said to voluntarily cause grievous hurt, if intending or knowing him­self to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Punjab Judicial Services Prelims Mock Test - 4 - Question 14
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Which of the following sections of the Indian Evidence Act, 1872, deals with evidence as to affairs of state?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 14

Section 123 of the Evidence Act deals with evidence as to affairs of state. It states as following: "No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of state, except with the permission of the officer at the head of the department concerned, who can give or withhold such permission as he thinks fit."

Punjab Judicial Services Prelims Mock Test - 4 - Question 15
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Double jeopardy means
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 15
Article 20(2) of the Constitution of India deals with double jeopardy. It is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
Punjab Judicial Services Prelims Mock Test - 4 - Question 16
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The Fundamental Right, i.e. 'Right to Education' was introduced in the Constitution of India by the
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 16
The 86th Amendment to the Constitution of India in 2002, introduced the 'Right to Education' as a Fundamental Right in PART-III of the Constitution.
Punjab Judicial Services Prelims Mock Test - 4 - Question 17
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After completion of investigation, the police is to submit a final report to the Magistrate. The Magistrate
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 17
Section 173(8) provides that nothing shall be deemed to preclude further investigation in respect of an offence after a report under Sub-Section (2) has been forwarded to the Magistrate.
Punjab Judicial Services Prelims Mock Test - 4 - Question 18
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A receiver
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 18
Order 40 of CPC provides for the appointment of receiver. It states, ''A receiver is an officer of the court and as such, cannot sue or be sued, except with permission of the court. It is also to be noted that the power must be conferred on the receiver, by the Court, either expressly or by necessary implication, as the case may be.''
Punjab Judicial Services Prelims Mock Test - 4 - Question 19
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Under Section 118, who amongst the following is/are competent witness(es)?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 19
As per Section 118 of the Evidence Act, all persons are competent to testify, if the court thinks so.
Punjab Judicial Services Prelims Mock Test - 4 - Question 20
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'A' desires a court to give judgment that 'B' shall be punished for a crime which 'A' says 'B' has committed. According to the Indian Evidence Act, 1872, the burden of proof is on
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 20

Section 101 of the Indian Evidence Act, 1872, provides -
Burden of proof — Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Punjab Judicial Services Prelims Mock Test - 4 - Question 21
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A' and 'B' beat each other up and exchange blows in a cinema hall in the middle of a movie. They are guilty of
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 21
Section 160 IPC defines -
Affray- When two or more persons, by fighting in public place, disturb the public peace, they are said to commit an affray.
Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
Punjab Judicial Services Prelims Mock Test - 4 - Question 22
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Ramaini' and 'Bijak' contain the teachings of which among the following Bhakti saints?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 22

Ramaini and Bijak contain the teachings of Kabirdas.His compositions were in vernacular Hindi, borrowing from various dialects, including Avadhi, Braj, and Bhojpuri. They cover various aspects of life and call for a loving devotion for God. Kabir composed his verses with simple Hindi words. Most of his work was concerned with devotion, mysticism and discipline.
Kabir and his followers named his verbally composed poems of wisdom as bāņīs (utterances). These include songs and couplets, called variously dohe, or sākhī (Sanskrit: sākşī). The latter term means witness, implying the poems to be evidence of the Truth.
Kabir's poems were verbally composed in the 15th century and transmitted viva voce through the 17th century. Bijak was compiled and written down for the first time in the 17th century.

Punjab Judicial Services Prelims Mock Test - 4 - Question 23
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In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under the Evidence Act arises
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 23
In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under the Evidence Act arises irrespective of whether the father is alive or dead on the day the child is born. The provisions of Section 112 are conclusive proof which can be challenged only on the ground of non-access of parties.
Punjab Judicial Services Prelims Mock Test - 4 - Question 24
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The power of the President of India to issue an ordinance is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 24
Under the Constitution, the power to make laws rests with the legislature. However, in cases when Parliament is not in session, and 'immediate action' is needed, the President can issue an ordinance. An ordinance is a law, and can introduce legislative changes. The Supreme Court has clarified that the legislative power to issue ordinances is 'in the nature of an emergency power' given to the executive only 'to meet an emergent situation'.
Punjab Judicial Services Prelims Mock Test - 4 - Question 25
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Under which explanation of Section 11 of the Code of Civil Procedure, 1908, has Constructive Res Judicata been explained?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 25

Under the Explanation IV of Section 11 of the Code of Civil Procedure, 1908, Constructive Res Judicata has been explained. It has been explained as, "Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit."

Punjab Judicial Services Prelims Mock Test - 4 - Question 26
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When the persons are exempted from appearance at the registration office, which of the following procedures is/are to be followed by the Registering Officer?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 26
Section 38 of the Registration Act, provides with the following provisions:
Persons exempt from appearance at registration-office—When a person who is unable to appear at the registration office, then the Registering Officer shall either himself go to the house of such persons and examine him or issue a commission for his examination.
Punjab Judicial Services Prelims Mock Test - 4 - Question 27
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Which of the following sections of the Indian Penal Code, 1860, is expressly excluded by the proviso to Section 50 of the Indian Evidence Act, 1872?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 27
When the court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869, or in prosecutions under Sections 494, 495, 497 or 498 of the Indian Penal Code.
Punjab Judicial Services Prelims Mock Test - 4 - Question 28
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Cheating and thereby dishonestly inducing delivery of property, or the making alternation or destruction of a valuable security is dealt under:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 28
Section 420 of the Indian Penal Code provides that whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a 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 - 4 - Question 29
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In a recent decision dated 19-09-2022 in Trimurthi Fragrances (P) Limited v. Govt. of NCT of Delhi, it was held that:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 29
In a decision dated 19-09-2022 in Trimurthi Fragrances (P) Limited v. Govt. of NCT of Delhi, the Supreme Court held, 'In view of Article 145(5) of the Constitution of India, concurrence of a majority of the judges at the hearing will be considered a judgment or opinion of the Court. It is settled that the majority decision of a Bench of larger strength would prevail over the decision of a Bench of lesser strength, irrespective of the number of judges constituting the majority.'
Punjab Judicial Services Prelims Mock Test - 4 - Question 30
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According to the doctrine of pious obligation:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 4 - Question 30
Pious obligation is a kind of religious or devotional obligation on the part of the son, son's son, or great-grandson to pay back his father's, grandfather's, or great grandfather's debts.
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