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

A precept is an order or direction given by one court to another, requiring some act to be done. The rule governing the issue of precept is laid down in Section 46. It provides that the decree holder may apply to the court which passed the decree to issue a precept to that court within whose jurisdiction the property of the judgement-debtor is lying to attach the property belonging to the judgement debtor and specified in the precept.

Section 60 in the Transfer of Property Act, 1882, deals with the right of mortgagor to redeem.
A person is said to make a false document or false electronic record:
who dishonestly or fradulently
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any electronic signature on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature,
with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or Secondly —Who, without lawful authority, dishonestly or fraudu­lently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly —Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.
It says that at any time after the principal money has become due, the mortgagor has a right, on repayment or tender, at a proper time and place, of the mortgage-money. This is known as the right of redemption.

The period of limitation mentioned in Schedule 7 of the Act for a suit relating to accounting contracts, declarations, decrees, suits relating to movable property, etc. is 3 years.

Section 26 of the Act lists the conditions when instrument may be rectified. It says that:
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
(2) 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, order 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.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this Section unless it has been specifically claimed: Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.

Section 74 of the Contract Act states, ''When a contract has been broken, and if a sum is named in the contract as the amount to be paid for such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for.''
Therefore, it is clear that right answer is 'stipulation by way of penalty'.

Section 73 of the Indian Contract Act, 1872, deals with the compensation for loss or damage caused by breach of contract. It says that when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.

Under Section 3 of Transfer Of Property Act,1882, instrument means a non-testamentary instrument.

It was held in Mohiri Bibee v. Dharmodas Ghose, (1903) 30 Cal 539 that a minor's agreement is void-ab-initio and that the minor cannot be stopped from pleading the defence of minority.

Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.

Section 126 in the Indian Evidence Act, 1872, deals with the professional communications. It mandates that no barrister, attorney, pleader or vakil shall at any time be permitted, unless his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment.
Section 127 in the Indian Evidence Act, 1872, says that the provisions of Section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys, and vakils.
Also, no person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.
Therefore, it is clear that a doctor is nowhere protected under Section 126 or 127 of the Evidence Act.

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 is not in session.

Article 33 of the Limitations Act, 1963 provides for the limitation period for the suits which deal with the bill of exchange that has been accepted and has to be presented at a particular place.Such period of limitation is 3 years. According to the said article, the said period of 3 years starts when the bill is presented at that place.

As per Article 60 (ii) of the Limitation Act, the limitation period is three years for any suit to set aside a transfer of property made by the guardian of a ward, when the ward dies before attaining majority. The said period of limitation of three years starts from the day when the said ward dies.

Section 174 IPC deals with non-attendance in obedience to an order from public servant. It states as following:
Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun­dred rupees, or with both.

Section 53 of the IPC mentions about the punishment to which offenders are liable.
The punishments to which offenders are liable under the provisions of this Code are:
1. Death;
2. Imprisonment for life;
3. Imprisonment, which is of two descriptions, namely-

• Rigorous, [that is with hard labour]
• Simple;

4. Forfeiture of property;
5. Fine.
Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, mass murder, terrorism, treason, espionage, offences against the State, such as attempting to overthrow government, piracy, drug trafficking, war crimes, crimes against humanity and genocide, but may include a wide range of offences depending on a country.

House-breaking, as defined in the Indian Penal Code, involves entering a house or any other building with the intention to commit an offence. In the given case, 'A' has entered Z's house without permission using the key 'A' found. This constitutes an act of house-breaking as provided under section 445 of the Indian Penal Code.

Section 22 of the Maharashtra Rent Control Act provides for recovery of possession in case of tenancy created during service period. According to the section,
(1) Where any landlord intends to let any premises or any part thereof belonging to him, to his employee, such landlord and the employee may enter into an
agreement in writing to create a service tenancy in respect of the said premises or any part thereof; and, notwithstanding anything contained in this Act, the tenancy so created shall remain in force during the period of service or employment of the tenant with the landlord.
(2) After the creation of the service tenancy under sub-section (1), if the tenant ceases to be in the service or employment of the said landlord either by retirement, resignation, termination of service, death or for any other reason, the tenant or any other person residing with him or claiming under him fails to vacate such premises or any part thereof immediately, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the Competent Authority shall, if it is satisfied, on an application made to it in this behalf by such landlord within thirty days, make an order that the tenant or any such person as aforesaid shall place the landlord in vacant possession of such premises or part thereof, and on their refusal or failure to do so the Competent Authority may proceed to take action under section 45.

According to Section 351 of the Indian Penal Code, whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. So, in the given proposition, Z has committed assault.

Section 19 of the Transfer of Property Act defines vested interest. According to the section, where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer.
Thus, option 2 is false and hence the answer.

The Supreme Court, being the custodian and guardian of fundamental rights, is also vested with certain powers that conspicuously flow from the Constitution. One such power vested with the Supreme Court, by virtue of Article 141 of the Constitution, is to declare law of the land. Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The law declared has to be construed as a principle of law that emanates from a judgment, or an interpretation of law or judgment by the Supreme Court, upon which the case is decided.

Section 2 of the Specific Relief Act, 1963 deals with definitions of some terms used in the Act. According to section 2(a) obligation includes every duty enforceable by law.

The provision in the Constitution of India that addresses the separation of the judiciary from the executive in the public services of the State is mentioned in Article 50. Article 50 is a Directive Principle of State Policy, and states, "The State shall take steps to separate the judiciary from the executive in the public services of the State."

Section 2(12) of CPC, 1908 states that mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

The Preamble of the Constitution of India is an introductory statement that outlines the fundamental principles and values upon which the Constitution is based. As per the Preamble of the Constitution of India, "We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic". It declares India to be a sovereign, socialist, secular and democratic republic, which means that India is an independent country that is not under the control of any other country, has a socialist economic system that aims to promote social justice and reduce economic inequality, is a secular state that respects all religions and does not promote any particular religion, and has a democratic form of government that is run by the people for the people.
Therefore, the correct option is 3.

Section 326 of the Indian Penal Code deals with the offence of voluntarily causing grievous hurt by dangerous weapons or means. According to the section, whoever, except in the case provided for by Section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to re­ceive into the blood, or by means of any animal, shall be pun­ished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

According to Section 97 of the Code of Criminal Procedure, if any District Magistrate, Sub-Divisional Magistrate, or Magistrate of the First Class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue search warrant, and the person to whom such warrant is directed may search for the person so confined, and such search shall be made in accordance therewith and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Section 28 of the Maharashtra Rent Control Act provides for inspection of premises. The section expressly provides that the landlord shall be entitled to inspect the premises let or given on licence, at a reasonable time after giving prior notice to the tenant, licensee or occupier. Thus, option 2 is the correct answer.

Section 31 of the Sale of Goods Act provides for the duties of seller and buyer. According to the section, it is the duty of the seller to deliver goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.

Section 106 of the Indian Evidence Act, 1872 provides for the rule regarding the burden of proving facts especially within the knowledge of a person. According to this section, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him or her. This section applies to all cases in which it becomes necessary to prove a fact which lies particularly within the knowledge of any person.

Section 164 of the Cr.P.C. provides for the recording of confessions and statements by a Magistrate. According to this section, any Metropolitan Magistrate or Judicial Magistrate may record the statement or confession of any person who is accused of an offence during the course of an investigation. The statement or confession can be recorded either in writing or by audio-visual electronic means.
The purpose of recording a confession or statement under Section 164 is to provide an opportunity for the accused to make a voluntary and truthful statement, without any coercion or undue influence. The recording is done in the presence of a Magistrate, who ensures that the accused is fully aware of the implications of making the statement and that it is made voluntarily.