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


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30 Questions MCQ Test - Maharashtra Judicial Services Prelims Mock Test - 1

Maharashtra Judicial Services Prelims Mock Test - 1 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Maharashtra Judicial Services Prelims Mock Test - 1 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Maharashtra Judicial Services Prelims Mock Test - 1 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Maharashtra Judicial Services Prelims Mock Test - 1 below.
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Maharashtra Judicial Services Prelims Mock Test - 1 - Question 1
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Under Section 167, the Magistrate can order detention in

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 1
The provisions for holding a person in custody for the purpose of furthering investigation, in India, are governed by Section 167 of the Code of Criminal Procedure. Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate. A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an Executive Magistrate may order for a period of custody extending up to 7 days.
A person may be held in the custody of the police or in judicial custody. The Magistrate has the authority to remand the person into judicial or police custody. The detaining authority may be changed during the pendency of the detention, provided that the total time period does not extend 15 days. If a person is transferred from police to judicial custody, the number of days served in police custody is deducted from the total time remanded to judicial custody.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 2
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When the police registers a case regarding commission of a cognisable offence, the registration of the case is under

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 2
Section 154 in the Code of Criminal Procedure, 1973, deals with the Information in cognisable cases. This section mandates the registration of case when information regarding the commission of any cognisable case is received.
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Maharashtra Judicial Services Prelims Mock Test - 1 - Question 3
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What is the limitation period in a suit by a landlord to recover possession from a tenant after the date of the tenancy is determined?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 3

Article 67 of the Indian Limitation Act states that in a suit by a landlord to recover possession from a tenant after the date the tenancy is determined, the limitation period is twelve years.
Thus, option 4 is correct.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 4
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If a decree is passed by the Court of Small Causes, Bombay, then the appeal lies with
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 4
Under Section 34 of the Maharashtra Rent Control Act, 1999, the appeal shall lie to a bench of two judges of the Court of Small Causes which shall not include the judge who made such decree or order.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 5
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R. M. Malkani Vs. State of Maharashtra, (A.I.R. 1973 SC 157) deals with admissibility of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 5
Supreme Court of India in R. M. Malkani Vs. State of Maharashtra, (A.I.R. 1973 SC 157) held that tape recorded conversation is admissible, provided first the conversation is relevant to the matters in issue, secondly, there is of the voice and thirdly, the accuracy of the tape recorder. The tape recorded conversation is proved by eliminating the possibility of erasing the tape recorder. The tape recorded conversation is, therefore, a relevant fact.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 6
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The maxim 'actus legis nemini facit injuriam' means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 6

'Actus legis nemini facit injuriam' is a Latin term that means an act of law does no one any injury. The general presumption is that law does not do any wrong. Therefore, no one can be injured by any legal action.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 7
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Order XIX of Code of Civil Procedure deals with
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 7
Order XIX deals with affidavits.
Order XVI deals with summoning and attendance of witnesses.
Order XVII deals with adjournments.
Order XXV deals with security for costs.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 8
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Identity the case that deals with minors' agreement under Indian Contract Act, 1872.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 8
Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 is a leading case on minors' agreement.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 9
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Goods must be the same as wanted by the seller. This is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 9
Goods must be the same as wanted by the seller. This is condition as to description. The buyer has not seen the goods and buys them relying on the description given by the seller. The Goods as to wholesomeness must not only correspond to their description, but must also be merchantable and wholesome. By 'wholesomeness', it means that goods must be for human consumption. A sale by sample is implied when a sample is shown and the parties intend that the goods should be of the kind and quality as the sample is. In condition as to title, there is an implied condition on the part of the seller, that In case of a sale, he has a right to sell the goods.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 10
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A partner may be expelled from the firm on the fulfillment of the condition that the expulsion power is exercised
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 10
A partner may be expelled from the firm on the fulfillment of the condition that the expulsion power is exercised in certain cases :
1. as given by expressed contract
2. by majority of partners
3. in absolute good faith
Good faith implies expulsion must be in the interest of partnership, the partner must be served with a notice and should be given a chance to defend himself.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 11
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The right of private defence of property extends to causing death of the wrongdoer under certain descriptions. Which of the following descriptions is not included in those?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 11

Section 103 of the Indian Penal Code, 1860, deals with the cases when the right to private defence of property extends to causing of death. The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:
First - Robbery;
Second - House-breaking by night;
Third - Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
Fourth - Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
Hence, lurking house-trespass is not covered.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 12
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If a child is born within _______ days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 12
Section 112 of the Indian Evidence Act, 1872, states that the child is presumed to be legitimate if it is born within 280 days after the dissolution of a valid marriage unless the non-access is proved.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 13
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Article 51A provides for the fundamental duties of:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 13
The fundamental duties are provided in Article 51A of the Constitution of India. Fundamental duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 14
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The maxim 'actio personalis moritur cum persona' means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 14
Actio personalis moritur cum persona is a Latin expression meaning a personal right of action dies with the person. Some legal causes of action can survive the death of the claimant or plaintiff; for example, actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 15
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Section 38 of the Transfer of Property Act, 1882, has no application to
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 15
Sec. 38 TPA deals with "Transfer by person authorised only under certain circumstances to transfer"—Where any person, authorised only under circumstances in their nature variable to dispose of immoveable property, transfers such property for consideration, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the existence of such circumstances, has acted in good faith. Thus, section 38 has no application to previous transfer where the transaction is still incomplete.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 16
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The first attempt to introduce a uniform law of limitation was made by the _______________ which came into operation in 1862.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 16
The first attempt to introduce a uniform law of limitation applicable alike to courts established by Royal Charter and other courts was made by the Limitation Act, 1859 (XIV of 1859}, which came into operation in 1862.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 17
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Assault in order to outrage the modesty of a woman is punishable under
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 17
Assault in order to outrage the modesty of a woman is punishable under Section 354 of the Indian Penal Code.
The section reads as: 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.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 18
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'A' cuts down a tree on B's land with the intention of dishonestly taking the tree out of B's possession without B's consent. A has committed
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 18

Section 378 of IPC defines theft as "Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per­son's consent, moves that property in order to such taking, is said to commit theft."
Explanation 1: A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Here, 'A' by cutting down the tree severs it from the land, making it an object of theft, and he does so with the intention of dishonestly taking it out of B's possession without B's consent.
Thus, according to the provisions, he is liable for theft.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 19
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No Magistrate shall order an investigation under Section 156 of Code of Criminal Procedure (Maharashtra Amendment) against public servant, except with previous sanction u/s 197 of this code. On such proposal the sanctioning authority shall take decision within period of:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 19
The Maharashtra Amendment to section 156 of the Code of Criminal Procedure, in its application to the State of Maharashtra, added the following provisions to the section, namely:
"Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:
Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 20
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Under Evidence Act, when character is relevant:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 20
According to section 53 of the Indian Evidence Act, in criminal proceedings, the fact that the person accused is of a good character is relevant. Therefore, option 2 is the answer.
The other options are incorrect:
According to section 52 of the Indian Evidence Act, in civil cases, character to prove conduct imputed is irrelevant.
Section 54 of the Indian Evidence Act makes it clear that previous bad character is not relevant in criminal proceedings.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 21
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Under Partnership Act, in settling the accounts of a firm after dissolution, losses including deficiencies of capital shall be paid, choose the correct order.
(a) out of capital
(b) by partners individually in the proportions in which they were entitled to share profits
(c) out of profits
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 21

Section 48 of the Partnership Act deals with the mode of settlement of accounts between partners. According to the section, in setting the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed:
(a) Losses, including deficiencies of capital, shall be paid first out of profits, next out of capital and, lastly, if necessary, by the partners individually in the proportion in which they were entitled to share profits.
(b) The assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order:
(i) In paying the debts of the firm to third parties;
(ii) In paying to each partner rateably what is due to him from the firm for advances as distinguished from capital;
(iii) in paying to each partner rateably what is due to him on account of capital; and
(iv) The residue, if any shall be divided among the partners in the proportions in which they were entitled to share profits.
Therefore, option 1 is the answer.

Maharashtra Judicial Services Prelims Mock Test - 1 - Question 22
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A contract of indemnity means by which one party promises to save the other from loss caused to him by the conduct of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 22
Section 124 of the Indian Contract Act defines the contract of indemnity. A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. So, the correct answer is option 4.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 23
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An application for execution of decree moved after period of twelve years:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 23
Article 136 of the Limitation Act provides the limitation period for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. According to the Article, the period is twelve years beginning when the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place. So, in accordance with this provision, an application for the execution of a decree moved after the period of twelve years is not maintainable as it is usually filed after the period of limitation.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 24
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Withdrawal of complaint results in the:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 24
Section 257 in the Code Of Criminal Procedure, 1973 provides for withdrawal of complaint. According to the provision, if a complainant, at any time before a final order is passed 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.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 25
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Section 92 of the Evidence Act is applicable to dispute between
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 25
Section 92 of the Indian Evidence Act deals with exclusion of evidence of oral agreement. According to the section, when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms. Therefore, option 1 is the answer.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 26
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Which section of the Evidence Act provides for drawing the presumption as to electronic messages?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 26
Section 88A of the Indian Evidence Act provides for presumption as to electronic messages. According to the section, the Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed, corresponds with the message as fed into his computer for transmission, but the Court shall not make any presumption as to the person by whom such message was sent.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 27
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A defendant shall file written statement within ________________.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 27
Order VIII Rule 1 of Code Of Civil Procedure, 1908 provides for a time limit for filing of written statements by the defendant. The procedural provision provides appropriate time to the defendant for filing a written statement after delivery of the summons and also ensures that it is not misused by the defendant to harass the plaintiff by using this provision to delay the proceedings. The provision states that once a summon is issued, then the defendant is given 30 days to submit his reply called a written statement (subject to delivery of the summon to the defendant).
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 28
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Who appoints Attorney General of India?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 28
The Constitution of India under Article 76 provides for the appointment of the Attorney General of India, who is the highest law officer of the country and provides legal advice to the Government of India. Clause 1 of the Article expressly states that the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India.
Therefore, the correct option is 2.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 29
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The provisions of the Maharashtra Rent Control Act, 1999 shall, in the first instance, apply to premises let for the purpose of residence, education, business, trade or storage in the areas specified in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 29
Section 2 of the Maharashtra Rent Control Act deals with the application of the Act. According to the section, this Act shall, in the first instance, apply to premises let for the purpose of residence, education, business, trade or storage in the areas specified in schedule I and schedule II.
Maharashtra Judicial Services Prelims Mock Test - 1 - Question 30
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A lets a farm to B on condition that he shall walk a hundred miles in an hour.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 1 - Question 30
According to Section 25 of the Transfer of Property Act, an interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy. The condition in the given scenario is impossible to perform, as it is not humanly possible to walk a hundred miles in an hour. Therefore, the lease is void. Hence, option 3 is the answer.
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