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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Punjab Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ

Punjab Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ


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30 Questions MCQ Test - Punjab Judicial Services Prelims Mock Test - 5

Punjab Judicial Services Prelims Mock Test - 5 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Punjab Judicial Services Prelims Mock Test - 5 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Punjab Judicial Services Prelims Mock Test - 5 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 - 5 below.
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Punjab Judicial Services Prelims Mock Test - 5 - Question 1
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In criminal trials, the onus is on the accused to prove that his case falls in

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 1
Section 105 of Evidence Act provides that when a person is accused of any offence, the burden of proving the existence of circumstances which bring the case within any of the general exceptions of the Indian Penal Code or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.
Therefore, option 4 is correct.
Punjab Judicial Services Prelims Mock Test - 5 - Question 2
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In Islamic Law, a bequest to a heir

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 2
It is pertinent to note that in the case of Sunni Muslims, while a bequest to a stranger (i.e. a person who is not an heir) to the extent of one-third is permissible, any bequest to an heir is not valid unless the other heirs of the testator consent to such a bequest, even if it is within this permissible limit of one-third.
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Punjab Judicial Services Prelims Mock Test - 5 - Question 3
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The Hindu Marriage Act, 1955, requires the minimum period of _______ years of desertion for filing a petition for divorce immediately preceding the presentation of the petition.

Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 3
Various grounds of divorce have been provided under Section 13 of the Hindu Marriage Act.
Section 13 (1) (ib) states that, "Any marriage solemnised, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition."
Therefore, two years is the correct option.
Punjab Judicial Services Prelims Mock Test - 5 - Question 4
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During investigation, a search can be conducted without warrant by
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 4
Under Section 165 of Cr.P.C., only a police officer who is making an investigation (investigating officer) has the right to conduct a search without warrant.
Punjab Judicial Services Prelims Mock Test - 5 - Question 5
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Judicial confession can be recorded by following the procedure prescribed in ______ of the Code of Criminal Procedure, 1973.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 5
Judicial confession can be recorded by following the procedure prescribed in Section 164 of the Code of Criminal Procedure, 1973.
The need for recording statements of a witness under Section 164 of the Code is two-fold: to deter witness from changing their versions subsequently and
to get over the immunity from the prosecution in regard to information given by the witness under Section 162 of the Code. Another reason for recording statement of witnesses under Section 164 of the Code is to minimise the chance of changing the versions by the witness at the unit under the fear of being involved in perjury.
Punjab Judicial Services Prelims Mock Test - 5 - Question 6
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On abatement of suit, under Order 22, Rule 9 of CPC,
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 6
As per Order 22, Rule 9, where a suit abates or is dismissed for the non-substitution of the legal representative of the deceased party, no fresh suit can be filed on the same cause of action.
Punjab Judicial Services Prelims Mock Test - 5 - Question 7
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The Registration Act, 1908 came into force on
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 7
All documents are registered under the Registration Act, 1908. The Act extends to the whole of India except the state of Jammu and Kashmir. It came into force on the 1st day of January, 1909.
Punjab Judicial Services Prelims Mock Test - 5 - Question 8
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In a partnership at will,
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 8
Section 7 of the Indian Partnership Act, 1932, provides that 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'. In such cases, a partner can either retire (Section 32(1)(c)) or dissolve the firm (Section 43(1)), by giving a notice to other partners of his respective intention.
Punjab Judicial Services Prelims Mock Test - 5 - Question 9
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Assault or criminal force, with intent to outrage the modesty of women, is dealt under ________ of the Indian Penal Code, 1860.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 9
Assault or criminal force, with intent to outrage the modesty of women, is dealt under Section 354 of the Indian Penal Code, 1860. It states, "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description, for a term which shall not be less than one year, but which may extend to five years, and shall also be liable to fine.
Punjab Judicial Services Prelims Mock Test - 5 - Question 10
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Which provision of the Code of Criminal Procedure, 1973, deals with the 'withdrawal of complaint'?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 10
Section 257 of the CrPC deals with withdrawal of complaint. It states that if a complainant, at any time before a final order is passed in any case and it satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Punjab Judicial Services Prelims Mock Test - 5 - Question 11
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A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of marriage on the ground that the husband has failed to perform, without reasonable cause, his marital obligations for a period of
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 11
Section 2(iv) of the dissolution of Muslim Marriage Act, 1939, provides the following:
"that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years"
This is a ground of divorce.
This ground of divorce under Muslim law is akin to 'desertion' under Hindu law.
Punjab Judicial Services Prelims Mock Test - 5 - Question 12
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The President's power to promulgate Ordinances during recess of Parliament is contained in Article ________ of the Constitution of India.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 12
Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament are not in session. Hence, it is not possible for the ordinances to be issued in the Parliament.The fundamental reason for bestowing the executive with the power to issue ordinance according to Pandit Nehru (involved in framing of the Indian Constitution), was to deal with situations where an emergency in the country necessitated urgent action.
Punjab Judicial Services Prelims Mock Test - 5 - Question 13
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Future goods' have been defined, in the Sale of Goods Act, 1930, under
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 13
Section 2(6) of the Sale of Goods Act defines future goods as "goods to be manufactured or produced or acquired by the seller after the making of the contract of sale".
Under Section 2(7) of the Act, the term 'goods' means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Punjab Judicial Services Prelims Mock Test - 5 - Question 14
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In January 2019, Krishna Sobti passed away. She was a famous writer and essayist of which language?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 14
Krishna Sobti was an Indian, Hindi language fiction writer and essayist. She won the Sahitya Akademi Award in 1980 for her novel 'Zindaginama' and in 1996, she was awarded the Sahitya Akademi Fellowship, the highest award of the Akademi.
In 2017, she received the Jnanpith Award for her contribution to Indian literature.
Punjab Judicial Services Prelims Mock Test - 5 - Question 15
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Where in a judicial proceeding the handwriting of a teacher is in question, the opinion of his or her student shall be relevant under _________ of the Indian Evidence Act, 1872?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 15
Section 47 of the Indian Evidence Act says, "When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact." Where in a judicial proceeding the handwriting of a teacher is in question, the opinion of his or her student shall be relevant under this section of the Indian Evidence Act, 1872.
Punjab Judicial Services Prelims Mock Test - 5 - Question 16
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The provisions of which Section of the Hindu Succession Act, 1956, deal with presumption in cases of simultaneous deaths?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 16
There is a presumption under Section 21 of the Hindu Succession Act that deals with provisions in cases of simultaneous deaths. It states that, where two persons have died, in circumstances rendering it uncertain whether either of them, and if so which survived the other then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.
Punjab Judicial Services Prelims Mock Test - 5 - Question 17
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Error or omission in framing of charge
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 17
Section 215 of Cr.P.C. provides that an error or omission in framing of charge is material only if it has occasioned a failure of justice to the accused.
Punjab Judicial Services Prelims Mock Test - 5 - Question 18
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The principle of lis pendens embodied in Section 52 of the Transfer of Property Act, 1882, pertains to
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 18
The doctrine of lis-pendens is founded on public policy and equity and it has to be read meaningfully. As in case of a sale, until the period of limitation for second appeal is over, it will have to be held as covered under Section 52 of the Transfer of Property Act.
Punjab Judicial Services Prelims Mock Test - 5 - Question 19
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To an answer to a court question, the adverse party
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 19
It is a well settled principle under the Indian Evidence Act that when ever a court asks to answer any question put to any party by it, the adverse party has a right to cross-examine that party (to whom question was asked) only with the permission of the court.
Punjab Judicial Services Prelims Mock Test - 5 - Question 20
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Provision for free legal aid has been laid down in _______ of the Constitution of India.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 20

Article 39A of the constitution provides as following:
"The state shall secure that the operation of the legal system promotes justice on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities."

Punjab Judicial Services Prelims Mock Test - 5 - Question 21
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The custody of a child under the age of ________ years, ordinarily lies with mother under Section 6 of the Hindu Minority and Guardianship Act, 1956.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 21

Section 6 of the Hindu Minority and Guardianship Act, 1956, says, "The natural guardian of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property is: in the case of a boy or an unmarried girl, the father, and after him, the mother.
Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother."

Punjab Judicial Services Prelims Mock Test - 5 - Question 22
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A Magistrate shall inquire into the unsoundness of mind of the person against whom the inquiry is being held when the Magistrate has reason to believe that such person is of unsound mind and consequently incapable
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 22
Section 328 of Code of Criminal Procedure states, ''When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness and shall reduce the examination to writing.''
Punjab Judicial Services Prelims Mock Test - 5 - Question 23
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Where immovable property forms one estate situated within the local limits of the jurisdiction of two or more courts,
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 23
In the case of immovable property, Order XXI, Rule 3 of the Code, states that where immovable property forms one estate or tenure situated within the local limits of the jurisdiction of two or more courts, any one of such courts may attach and sell the entire estate or tenure, which clearly leads to the implication that except in the case of a single tenure, property must be sold by the court within whose jurisdiction the immovable property lies.
Punjab Judicial Services Prelims Mock Test - 5 - Question 24
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In a simple mortgage, possession of the mortgaged property
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 24
Section 58(b) of TPA provides that in a simple mortgage, possession of the mortgaged property remains with the mortgagor. The section reads as follows:
Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
Punjab Judicial Services Prelims Mock Test - 5 - Question 25
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The general principles on which the perpetual injunctions could be granted are contained in _______ of the Specific Relief Act, 1963.
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 25
The general principles on which the perpetual injunctions could be granted are contained in Section 38 of the Specific Relief Act, 1963.
A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
Punjab Judicial Services Prelims Mock Test - 5 - Question 26
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A, without the request of anybody, extinguishes the fire of B's godown. A suffers injury thereby. If B promises to compensate A for the whole amount he has spent for the treatment, then the contract is:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 26
Section 25(2) of the Indian Contract Act expressly states that an agreement made without consideration is void, unless it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do. Applying this provision in the given proposition, it is concluded that the contract is enforceable.
Punjab Judicial Services Prelims Mock Test - 5 - Question 27
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Which authority has the power to alter the boundaries of a State?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 27
Under Article 3 of the Constitution of India, the Parliament has power by law to form a new State from the territory of any State or by uniting two or more States, increase or decrease the area of any State or alter the boundaries or the name of any State.
Punjab Judicial Services Prelims Mock Test - 5 - Question 28
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An injunction under the Specific Relief Act can be granted to restrain:
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 28
Section 4 of Specific Relief Act expressly states that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Offences of theft and murder attract penal provisions under the Indian Penal Code. As defamation is both a civil and criminal wrong, an injunction under the Specific Relief Act can be granted to restrain the publication of a defamatory statement.
Punjab Judicial Services Prelims Mock Test - 5 - Question 29
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In lease of immovable property, what is/are transferred?
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 29
A lease of immovable property is a transfer of a right to enjoy such property made for a certain time express or implied or in perpetuity, in consideration of a price paid or promised.
Punjab Judicial Services Prelims Mock Test - 5 - Question 30
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'A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate.'
Detailed Solution for Punjab Judicial Services Prelims Mock Test - 5 - Question 30

Section 20 of the Hindu Succession Act provides that a child who was in the womb at the time of death of an intestate and who is subsequently born alive has the same right to inherit to the intestate as if he or she had been born before the death of the intestate and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

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