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Maharashtra Judicial Services Prelims Mock Test - 6 - Judiciary Exams MCQ


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30 Questions MCQ Test - Maharashtra Judicial Services Prelims Mock Test - 6

Maharashtra Judicial Services Prelims Mock Test - 6 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Maharashtra Judicial Services Prelims Mock Test - 6 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Maharashtra Judicial Services Prelims Mock Test - 6 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 - 6 below.
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Maharashtra Judicial Services Prelims Mock Test - 6 - Question 1
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In prosecution for an offence under Section 376 of IPC, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience with any other person.

Which section of the Evidence Act provides for the above statement?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 1

Section 146 in the Indian Evidence Act, 1872, deals with the questions lawful in cross-examination. It says that when a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture: Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.
Therefore, it is clear that Section 146 of the Evidence Act deals with the same.

Maharashtra Judicial Services Prelims Mock Test - 6 - Question 2
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Which Section of the Code of Criminal Procedure, 1973 deals with power of High Court to postpone the capital sentence on pregnant woman?

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 2
Section 416 of the Criminal Procedure Code provides for the postponement of capital sentence on pregnant woman. It reads:
If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life. Therefore, the correct answer is option 1.
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Maharashtra Judicial Services Prelims Mock Test - 6 - Question 3
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In an offence of criminal breach of trust by public servant, the period of limitation for taking cognisance can be condoned by

Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 3
Bombay High Court in Hargovind Gangabisan Bajaj v. State of Maharashtra, 1985 (2) BomCR 759, held that there is no bar of limitation for taking cognisance under Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) of the Indian Penal Code.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 4
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A 'sale of goods' under the Sale of Goods Act, 1930, creates
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 4
A 'sale of goods' under the Sale of Goods Act, 1930, creates jus in rem which means it gives the right to the buyers to claim the goods as against anybody who disturbs their right to use the goods including the seller. Thus, option 1 is correct.
Whereas an agreement to sell creates merely jus in personam, i.e. the right to either party against each other for any default in fulfilling its part of agreement.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 5
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Consider the following statements and choose the correct option.
(i) Provisions of Cr.P.C. do not apply to the State of Jammu and Kashmir.
(ii) All provisions of Cr.P.C. do not apply to the State of Nagaland.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 5

As per Section 1(2) of Cr.P.C, it extends to the whole of India except the State of Jammu and Kashmir. Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply to the State of Nagaland.

Maharashtra Judicial Services Prelims Mock Test - 6 - Question 6
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Which of the following does not render a contract void after it has been made?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 6
Commercial impossibility does not render a contract void after it has been made. In Travancore Devaswom Board v. Thanath International (2004 13 SCC 44), it was held that it may make the performance unprofitable or more expensive but it was not sufficient to excuse performance.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 7
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'X' on receiving grave and sudden provocation from 'Z', intentionally causes the death of 'Y', who is the brother of 'Z'. 'X' has committed the offence of:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 7

The question is related with Section 301 IPC.
According to Section 301 IPC: Culpable homicide by causing death of person other than person whose death was intended: If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Maharashtra Judicial Services Prelims Mock Test - 6 - Question 8
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Audi alteram partem' means
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 8
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 9
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To whom is the complaint given under Cr.P.C?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 9
The complaint, in the light of Section 2 (d), is given to the Magistrate. It says that "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 10
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An agent cannot claim remuneration for his misconduct as per
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 10
Section 220 of the Indian Contract Act deals with agents not entitled to remuneration for business misconduct. It states that an agent who is guilty of misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the business which he has misconducted.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 11
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Which of the following are goods within the meaning of Section 2(7) of the Sale of Goods Act, 1930?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 11
As per Section 2(7) of the Sale of Goods Act, 1930, 'goods' means every kind of movable property other than actionable claims and money; and include 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.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 12
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The Indian Partnership Act came into force in the year
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 12

According to Section 1 of Partnership Act,1932 -
Short title, extent and commencement.—
(1) This Act may be called the Indian Partnership Act, 1932.
(2) It extends to the whole of India [except the State of Jammu and Kashmir]
(3) It shall come into force on the 1st day of October, 1932

Maharashtra Judicial Services Prelims Mock Test - 6 - Question 13
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A man allowed his cart to proceed unattended along the road. It ran over a boy causing fracture of his leg. Which of the following offences has he committed?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 13
Under IPC Section 338, whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 14
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How many kinds of hurt are grievous hurt under Section 320 of IPC?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 14
Sec. 320 IPC contains eight categories of grievous hurt.
They are as follows:
(First) — Emasculation
(Second) —Permanent privation of the sight of either eye
(Third) — Permanent privation of the hearing of either ear
(Fourth) —Privation of any member or joint
(Fifth) — Destruction or permanent impairing of the powers of any member or joint
(Sixth) — Permanent disfiguration of the head or face
(Seventh) —Fracture or dislocation of a bone or tooth
(Eighth) — Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 15
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Under Transfer of Property Act "actionable claim" does not include
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 15
Actionable claim is defined under section 3 of the Transfer of Property Act 1882. According to section 3 of the transfer of property Act, actionable claim means, a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing confidential or contingent.
Actionable claims are recognised by the court of law in order to provide with relief in reference to unsecured debt or beneficial interest in movable property.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 16
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In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the court may direct:
(a) that person to produce the digital signature certificate.
(b) any other person to apply the public key listed in the digital signature certificate and verify the digital signature purported to have been affixed by that person.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 16

Section 73A of the Indian Evidence Act deals with proof as to verification of digital signature. According to the section, in order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct––
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.

Maharashtra Judicial Services Prelims Mock Test - 6 - Question 17
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Section 2(wa) of the Code of Criminal Procedure defines 'victim' which includes his or her
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 17
According to section 2(wa) of the Code of Criminal Procedure, victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir. This definition was inserted by Act 5 of 2009, s. 2 (w.e.f. 31-12-2009).
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 18
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As per Preamble of the Constitution of India, the word "equality" stands for:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 18
Equality' means the absence of privileges or discrimination against any section of the society. The Preamble provides for equality of status and opportunity to all the people of the country. Thus, the term 'equality' means the absence of special privilege to any section of society, and the provision of adequate opportunity of all the individuals without any discrimination.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 19
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Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours, this right is provided under:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 19
Article 22 of the Constitution of India provides for protection against arrest and detention in certain cases. Article 22(2) specifically states that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 20
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A lease of immovable property is transfer of
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 20
Section 105 of the Transfer of Property Act defines lease. 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, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 21
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Within meaning of Section 99 of Evidence Act, persons who may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document are
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 21
Section 99 of the Indian Evidence Act expressly states that persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 22
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Under Order XX Rule 6 A of the CPC, decree is to be drawn up in any case within ___________ from the date on which the judgment is pronounced.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 22
Order XX Rule 6A of the CPC deals with preparation of decree. According to Rule 6A(1), every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 23
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If any party to the suit dies after conclusion of hearing and before pronouncing the judgment ___________.
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 23
Order XXII Rule 6 of the Code of Civil Procedure expressly states that notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 24
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Which Article of the Constitution of India describes the procedure to amend the Constitution?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 24
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the Constitution is laid down in Part XX (Article 368) of the Constitution of India. Article 368 of the Indian Constitution provides for two types of amendments:
  • By a special majority of Parliament
  • By a special majority of the Parliament with the ratification by half of the total states
This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 25
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A document required by law to be attested can be proved by examining
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 25
According to section 68 of the Indian Evidence Act, if a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 26
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Every suit shall be instituted in the court of the:
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 26
Place of suing in CPC refers to where a lawsuit or legal action should be initiated or filed. It specifies the jurisdiction and venue where the case should be brought before a court. It is addressed in sections 15-21 of the Code of Civil Procedure. Section 15 of the Code states that every lawsuit should be initiated in the court of the lowest grade with the competence to handle it. This requirement aims to prevent overburdening of higher courts. While a judgment passed by a higher-grade court remains valid, a decree passed by an incompetent court would be considered void.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 27
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Which of the propositions is correct?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 27
Section 12 of the Partnership Act provides for conduct of business. According to the section, subject to contract between the partners-
(a) every partner has a right to take part in the conduct of the business;
(b) every partner is bound to attend diligently to his duties in the conduct of the business;
(c) any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion before the matter is decided, but no change may be made in the nature of the business without the consent of all the partners;
(d) every partner has a right to have access to, and to inspect and copy any of the books of the firm.
Thus, option 4 is the correct answer.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 28
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The dying declaration is the statement by the person
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 28
A dying declaration is a statement made by a person as to the cause of his/her death or as to any circumstances of the transaction that resulted in his/her death. The statement is made by the person when he/she is in a fit state of mind and knows that death is imminent. It is usually made before a magistrate, but it can also be made before a police officer or a doctor. Therefore, option 3 is the correct answer.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 29
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Which court is called court of record?
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 29
A court of record is a court whose acts and proceedings are enrolled for perennial memory and testimony. These records are used with a high authority and their truth cannot be contested. Article 129 of the Indian Constitution empowers the Supreme Court to be a court of record.
Maharashtra Judicial Services Prelims Mock Test - 6 - Question 30
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Every agreement in restraint of the marriage of any person, other than a minor, is
Detailed Solution for Maharashtra Judicial Services Prelims Mock Test - 6 - Question 30
As per Section 26 of the Indian Contract Act, 1872, every agreement in restraint of the marriage of any person, other than a minor, is void. This means that such an agreement is not enforceable by law, and the parties cannot be compelled to perform their obligations under the agreement.
Therefore, the correct answer is option 3.
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