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


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

Maharashtra Judicial Services Prelims Mock Test - 2 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Maharashtra Judicial Services Prelims Mock Test - 2 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Maharashtra 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 Maharashtra Judicial Services Prelims Mock Test - 2 below.
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Maharashtra Judicial Services Prelims Mock Test - 2 - Question 1
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Hearsay evidence is

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 1
Generally, hearsay evidence is not admissible; but in certain circumstances which have been placed in the Evidence Act, such evidence is admissible as dying declaration under Section 32.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 2
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Who is not entitled to apply under Rule 90 of Order 21 of the Code of Civil Procedure for setting aside sale of immovable property in execution of decree?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 2
Order 21 Rule 90 deals with the application to set aside sale on ground of irregularity or fraud. This rule does not bar anybody to apply under the said Order 21 Rule 90.
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Maharashtra Judicial Services Prelims Mock Test - 2 - Question 3
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The limitation period in a suit by a surety against a co-surety, when the surety pays anything in excess of his own share is

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 3

Entry 43 of Part - II under the Indian Limitation Act, states that the limitation period in a suit by a surety against a co-surety, when the surety pays anything in excess of his own share is three years.

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 4
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Under the Specific Relief Act, the declaratory decree can
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 4
Under the Specific Relief Act, the declaratory decree can be declined. The whole of the Specific Relief Act is based on the discretion of the court. Thus, option 1 is correct.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 5
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The engagement diamond ring of 'N' was stolen by 'T', a thief, who sold it to 'J', a jeweller, 'N' filed a suit for recovery of ring against 'J'. 'J' contended that he was ready to pay the price of the ring. The decree for recovery of diamond ring can be refused on the ground that
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 5

Provision under Section 8(d) of the Specific Relief Act applies in the given facts. Therefore, decree can't be refused on the grounds given in the options.

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 6
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Monthly rent/yearly rent is recovered as per
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 6
Sec. 32 of the Maharashtra Rent Control Act, 1999, deals with the recovery of rent, according to British Calendar. It says that notwithstanding anything contained in any law for the time being in force or any contract, custom or local usage to the contrary, rent payable by the month or year or portion of a year shall be recovered according to the British Calendar.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 7
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Directions: Match List - I with List - II.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 7

(a) Section 54 of the Sale of Goods Act comes under chapter 5, rights of unpaid seller against the goods
(b) Section 40 of the Sale of Goods Act is related to risk where goods are delivered at distant place
(c) Section 37 of the Sale of Goods Act provides provision for delivery of wrong quantity
(d) Section 15 of the Sale of Goods Act is related to sale by description

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 8
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By the Constitution (42nd Amendment) Act, 1976, the provision for
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 8
Four directive principles were added by 42nd Amendment. They were to
  • secure opportunities for healthy development of children (Article 39)
  • promote equal justice and to provide free legal aid to the poor (Article 39A)
  • take steps to secure the participation of workers in the management of industries (Article 43A)
  • protect and improve the environment and to safeguard forests and wild life (Article 48A).
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 9
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The Magistrate records the confession of an accused or a statement of a witness during investigation under
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 9

Recording of confessions and statements' is provided under Section 164 of Code of Criminal Procedure. Subsection (1) authorizes the Magistrate to record the statement of a person or his confession, no matter whether he posses jurisdiction in the case. If he does not possess such jurisdiction subsection (6) will apply. The word statement is not limited to statement by a witness but includes accused and not amounting to a confession.
Subsection (1) states that: any Metropolitan Magistrate or Judicial Magistrate may,whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force,or at any time afterwards before the commencement of the inquiry or trial.

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 10
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The categories of person who may, without their consent, be charged and tried together include persons accused of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 10
Option (2) and (3) are directly based on Section 223 CrPC clause (c) and (d) are correct respectively. Section 223 clause (c) states that persons accused of more than one offence of the same kind committed by them within the period of twelve months, clause (d) states : Persons may be charged and tried together, namely which are accused of different offences committed in the course of the same transaction.
Therefore, 'Both 2 and 3' is the correct answer option.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 11
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Section 41 of the Transfer of Property Act, 1882 applies to voluntary transfers and has no application in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 11
Sec. 41 of Transfer of Property Act, 1882 says that where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorized to make it.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 12
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Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water, or any other easement which has been peaceably enjoyed without interruption for _________ years if the property belongs to government, shall be absolute and indefeasible.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 12
Section 25 (3) provides that where a property over which a right is claimed belongs to the government, that sub-section shall be read as if for the words 'twenty years', the words 'thirty years' were substituted.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 13
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Stipulation as to time____________
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 13
A common feature of construction contracts is a clause stating that "time is of the essence". Time is very essential and important aspect related to the each valid contract. It is the basic and important ingredient of valid contracts. But in the present scenario the time of valid contracts depends on the each case and situation. In some cases the time is prescribed in the terms and condition of a contract but in some cases the reasonable time also plays a very important role.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 14
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A partnership for which no period or duration is fixed, under the Indian Partnership Act, 1932, is known as:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 14
Partnership at will means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. In other words, it is a partnership that can be dissolved by any partner at any time without any liability.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 15
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Under Section 32 of Evidence Act, the opinion
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 15
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, appears to the Court unreasonable, are considered as relevant facts in the case when such statement was made as to public right or custom, or matters of general interest.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 16
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Amendment to which of the following provisions of the Constitution requires ratification by the state?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 16

Provisions of Art. 368 (2) mention that the amendment for the following shall also require to be ratified by the Legislatures of not less than one-half of the states by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent
(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter IV of Part V Chapter V of Part VI, or Chapter I of Part Xl, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament
(e) the provisions of Article 368

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 17
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Under Order VI, Rule 15 of CPC, pleading must be verified by
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 17
As per Order VI, Rule 15 of CPC, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 18
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Choose the correct statements:
(i) The Law of Limitation bars the remedy in a court of law only when the period of limitation has expired.
(ii) The Law of Limitation does not extinguish the right that it cannot be enforced by judicial process.
(iii) If a claim is satisfied outside the court of law after the expiry of period of limitation, it is not illegal.
(iv) If a claim is satisfied outside the court of law after the expiry of period of limitation, it is illegal.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 18

Limitation Act provides the bar to the suit, appeal and application to be filed by the person. But on the other hand, it doesn't bar the action. It is based on the 2 legal maxims:
1. 'Interest Reipublicae ut sit finis litium' means that the interest of the state requires that there should be an end to litigation.
2. 'Vigilantibus non dormantibus jura subveniunt' means that the law assists the person who is vigilant for his right not for the dormant person who sleeps over his rights.
The law of limitation only bars the remedy when the period of limitation expires, but it doesn't destroy the right that cannot be enforced by the judicial process. Thus, if any claim is satisfied outside the court after the expiry of limitation period, it is not illegal.

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 19
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The Specific Relief Act, 1963, came into operation on
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 19
The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It came into force on March 1,1964.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 20
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The principal can revoke the authority given to the agent
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 20
As per Section 203 of the Contract Act, the principal may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 21
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Where persons litigate bonafide in respect of a private right claimed in common for themselves and other and suit is finally dismissed on merit:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 21
Explanation VI to Section 11 of the Code of Civil Procedure deals with representative suits, i.e. suits instituted by or against a person in his representative capacity, as distinguished from individual capacity. It provides that where persons litigate bonafide in respect of a public right or of a private right claimed in common for themselves and others, and all persons interested in such right shall, for the purposes of Section 11, be deemed to claim under the persons so litigating.
Explanation VI, thus, illustrates one aspect of constructive res judicata. Thus, where a representative suit is brought under Section 92 of the Code and a decree is passed in such a suit, the law assumes that all the persons who have the same interest as plaintiffs in the representative suit were represented by the said plaintiffs and, therefore are constructively barred by res judicata by re-agitating the matters directly and substantially in issue in the former suit.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 22
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Under Specific Relief Act:
Statements:
(a) when through fraud or a mutual mistake of parties, a contract in writing does not express their real intention, such instrument may be rectified by filing suit.
(b) the article of association of company to which Companies Act, 1956, applies, cannot be rectified.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 22

Section 26 in Chapter III of the Specific Relief Act deals with rectification of instruments. According to sub-section 1, when, through fraud or a mutual mistake of the parties, a contract or other instrument in writing not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956), applies does not express their real intention, then—
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.

Maharashtra Judicial Services Prelims Mock Test - 2 - Question 23
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The section dealing with the medical examination of the victim of rape is __________.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 23
Section 164 A of the Code of Criminal Procedure provides for the medical examination of the victim of rape. According to clause 1, where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert. Such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 24
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Under section 64 of the IPC, a sentence of imprisonment for non-payment of fine shall
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 24
Section 64 in the Indian Penal Code provides for sentence of imprisonment for non-payment of fine. In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or with­out imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. Therefore, option 2 is the correct answer.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 25
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Which court shall have power to issue direction in case of violation of fundamental rights?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 25
According to Article 32(2) of the Constitution of India, ⁠the Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III (Fundamental Rights).
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 26
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In which chapter of the Penal Code, 'General exceptions' are given?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 26
Chapter IV of the Indian Penal Code deals with the general exceptions to criminal liability. There are various kinds of acts (exceptions) done under the circumstances mentioned in Sections 76 to 106 which will not amount to offences under the Code.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 27
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Provision for determination of lease is given in
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 27
Section 111 of the Transfer of Property Act provides for the determination of a lease. It specifies the various ways in which a lease can be determined. According to the section, a lease of immovable property determines—
(a) by efflux of the time limited thereby;
(b) where such time is limited conditionally on the happening of some event—by the happening of such event;
(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event—by the happening of such event;
(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right;
(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them;
(f) by implied surrender;
(g) by forfeiture;
(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 28
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By which calender, rent shall be recovered?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 28
The calendar to be used for rent recovery is typically the Gregorian calendar, also known as the British calendar. The Gregorian calendar is the internationally accepted civil calendar, and it is widely used for legal and commercial purposes, including rent recovery. Therefore, the correct answer is option 3.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 29
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Period of limitation for money payable for money lent as per Article 19 is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 29
Article 19 of the Limitation Act, 1963 provides that a suit for recovery of money payable for money lent shall be filed within three years from the date when the loan was made.
Maharashtra Judicial Services Prelims Mock Test - 2 - Question 30
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Which injunction may be granted to prevent the breach of an obligation existing in favour of a person, whether expressly or by implication?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 2 - Question 30
A perpetual injunction may be granted to prevent the breach of an obligation existing in favour of a person, whether expressly or by implication. This is provided for under Section 38(1) of the Specific Relief Act. A perpetual injunction is a permanent order of the court restraining a person from doing a particular act or compelling a person to do a particular act. It is granted to prevent a person from committing a breach of contract or violating a legal right. A perpetual injunction may be granted in cases where the breach of an obligation is ongoing and continuous, and the only way to prevent such a breach is by a permanent order of the court. Temporary injunctions are granted for a limited period of time, ad-interim injunctions are granted at the initial stage of a suit, and mandatory injunctions are granted to compel a person to perform a positive act.
Therefore, the correct answer is option 4.
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