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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Uttarakhand Judicial Services Prelims Mock Test - 1 - Judiciary Exams MCQ

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


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

Uttarakhand Judicial Services Prelims Mock Test - 1 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Uttarakhand Judicial Services Prelims Mock Test - 1 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Uttarakhand 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 Uttarakhand Judicial Services Prelims Mock Test - 1 below.
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Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 1
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Who is known as the architect of the Constitution of independent India?

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 1
Bhimrao Ramji Ambedkar was independent India's first Law Minister and the principal architect of the Constitution of India. Affectionately known as Babasaheb, he was born on April 14, in the year 1891. He was a multi-faceted personality who crusaded against the inequities of caste system and socio-economic deprivation that afflicted millions of Indians.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 2
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"Qui facit per alium facit per se" means

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 2

Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself." It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.

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Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 3
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In which of the following cases has the Supreme Court held that the law as to undue influence was the same in the case of a gift inter-vivos, as in the case of a contract?

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 3
In Subhash Chandra v. Ganga Prasad, AIR 1967 SC 878, the Supreme Court held that the principles of undue influence applied to gifts as they do to contracts. The case involved a gift of property by an elderly woman to her nephew, which was challenged by her son as being the result of undue influence. The Court found that the burden of proving that the gift was made freely and voluntarily was on the nephew, who was claiming the validity of the gift. The Court observed that the same principles of protection against undue influence applied to gifts as they do to contracts, as both involve the transfer of property rights and may be subject to coercion or undue influence. The Court held that the evidence did not establish that the donor had made the gift voluntarily and without any undue influence, and set aside the gift. This case established that the law relating to undue influence in contracts also applies to gifts, and that the burden of proof in such cases rests with the person claiming the validity of the transaction.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 4
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Which of the following statements is/are true regarding the provision for "review" under the Code of Civil Procedure?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 4
Section 114 of the Code of Civil Procedure provides for review. According to the section, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Thus, option 4 is the correct answer.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 5
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Which among the following is the secondary source of Muslim Law?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 5
Local customs, legislation and judicial decisions are the secondary sources of Muslim law. Secondary sources are also called extraneous sources.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 6
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Under the Muslim Law, a prompt dower is payable
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 6
Prompt dower is payable immediately by the husband to the wife as and when it is demanded. The wife can demand the sum of money before the consummation or afterward.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 7
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Restitution of conjugal rights is available to
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 7
Under Section 9 of the Hindu Marriage Act, 1955, the restitution of conjugal rights is available to both husband and wife.
So, option (1) and (2) are both collectively correct and individually incorrect. Thus, option (3) provides correct answer.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 8
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'A' keeps a loaded pistol with him to kill 'B' if 'B' resists 'A' in committing theft of the property under his possession. 'A' is liable under
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 8

Section 382 of the Indian Penal code deals with theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. Thus, if 'A' keeps a loaded pistol with him to kill 'B' if 'B' resists 'A' in committing theft of the property under his possession, then 'A' is liable under Section 382 of the IPC.

Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 9
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Which of the following cases is related to the offence of rape?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 9
Tuka Ram v. State of Maharashtra case is related to the offence of rape. The Supreme Court in the case of Tukaram observed that Mathura was a shocking liar for there were no marks of injury on her body after the reported incident and their absence went a long way to indicate that the alleged intercourse was a peaceful affair.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 10
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Under Section 44 of IPC, the term 'injury' means any harm
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 10
Under Section 44 of IPC, the word injury has been defined in the Indian Penal Code under Section 44 as any harm whatever, illegally caused to any person, in body, mind, reputation or property. The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 11
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Which organ of the UN has the power to amend the UN Charter?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 11
The Charter of the United Nations can be amended. According to Article 108 of the Charter, amendments must be adopted by two thirds of the members of the General Assembly and ratified by two thirds of the members of the United Nations, including all the permanent members of the Security Council.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 12
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''All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.'' This statement is contained in Article I of
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 12

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on December 10, 1948 (General Assembly Resolution 217 A) as a common standard of achievements for all people and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages.
Article 1 can be read as follows: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 13
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The case of Kasturi Lal Ralia Ram Jain v. State of UP, AIR 1965 SC 1039 is related to:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 13
In the case of Kasturi Lal Ralia Ram Jain v. State of UP, the Supreme Court of India held that the State was not liable as police officers did the act in the exercise of sovereign powers by holding the power to arrest a person, to search for him, and to seize his property are powers conferred on the police officers by statute as sovereign powers. Sovereign power is a legal doctrine by which the State is immune from civil suit or from criminal prosecution. The law commission of India in its first report presented the abolition of this archaic doctrine, but the bill was never passed. After this case of Kasturi Lal, the courts, by liberal interpretation, narrowed the immunity of the State and more powers of State were held to be non-sovereign.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 14
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According to the provisions of the UN Charter, the primary responsibility for the maintenance of International Peace and Security rests with
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 14
In order to ensure prompt and effective action by the United Nations, its members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility, the Security Council acts on their behalf.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 15
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A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 15
In a mortgage agreement, the mortgagor (borrower) pledges the property as security for the loan given by the mortgagee (lender). The mortgagor has the right to redeem the property by paying off the loan within the stipulated time period. However, in case the mortgagor defaults in payment, the mortgagee has the right to initiate legal proceedings to recover the loan amount by taking possession of and selling the mortgaged property. One such legal remedy available to the mortgagee is to file a suit for foreclosure. A suit for foreclosure is a legal action taken by the mortgagee to obtain a decree from the court that bars the mortgagor from redeeming the property. This means that the mortgagor loses all rights to the property, and the mortgagee becomes the absolute owner of the property. To file a suit for foreclosure, the mortgagee must prove to the court that the mortgagor has defaulted in payment and has failed to repay the loan even after receiving legal notices. The court will then pass a decree that bars the mortgagor from redeeming the property, and allows the mortgagee to take possession and sell it to recover the outstanding loan amount
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 16
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The rule of 'lis pendens' applies to the suit in which right to immovable property
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 16
The rule of 'lis pendens' applies to the suit in which right to immovable property is pending between two persons and one of them sells property. Section 52 provides that during the pendency of any suit in which right to immovable property is in question, neither party to the litigation can transfer or otherwise deal with such property so as to affect the rights of the opponent.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 17
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Burden of proof
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 17
Burden of proof partially determines the right to begin. The burden of proof also determines which party has the right to begin calling evidence. The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail on their claim.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 18
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Which of the following sections does not provide for joinder of charges?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 18
Section 225 of the Criminal Procedure Code does not provide for joinder of charges. The other sections listed - 219, 220, and 222 - do provide for joinder of charges in certain circumstances.
Section 219 provides that three offences of same kind within year may be charged together. Section 220 provides for trial for more than one offence. Section 222 allows for the joinder of charges when offence proved is included in offence charged.
However, Section 225 of the Code of Criminal Procedure states that in every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 19
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Section 304 of the CrPC deals with
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 19
Section 304 of the Code of Criminal Procedure provides for legal aid to the accused at state's expense in certain cases. Clause (1) of the section expressly states that where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has no sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the state.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 20
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Section 10 of the Code of Civil Procedure (CPC) can come into operation
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 20
All the issues in the second suit must be determined by the decision in the first suit before Section 10 can come into operation. The words 'matter in issue' in Section 10, CPC, mean the entire matter in controversy and not one of the several issues in the case. Therefore, Section 10 can come into operation after settlement of issues in the subsequent suit.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 21
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The members of the UPSC are appointed by the
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 21
The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India. The members of the UPSC are appointed for a term of six years or until they attain the age of 65 years, whichever is earlier.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 22
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The maxim res ipsa loquitur is a
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 22
Res ipsa loquitur is a maxim, the application of which shifts the burden of proof on the defendant. Thus, the maxim res ipsa loquitur is a rule of evidence.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 23
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A dies intestate and is survived by a son of predeceased half-blood brother S and a daughter of a full-blood predeceased sister D. How will S and D succeed the property?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 23
According to Section 18 of the Hindu Succession Act, heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect. So, in the given case, D will get the entire property.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 24
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Under Section 30 of the Hindu Succession Act, 1956, a Hindu can dispose of his interest in a Mitakshara Coparcenary Property by
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 24
Under Section 30 of the Hindu Succession Act, 1956, a Hindu can dispose of his interest in a Mitakshara Coparcenary Property by will or other testamentary disposition according to the provisions of Hindu Succession Act.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 25
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Where a thirty-year-old document is produced before the court, it may presume
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 25
According to Section 90 of the Indian Evidence Act, 1872, where a thirty-year-old document is produced before the court, it may presume that the facts stated in the document are proved, the document is duly executed and the content of it is proved.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 26
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Who cannot be arrested in execution of a decree?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 26
Section 56 of the Code of Civil Procedure deals with prohibition of arrest or detention of women in execution of decree for money. According to the section, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 27
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The maximum period of solitary confinement provided under Section 73 of the Indian Penal Code is
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 27
Section 73 of the Indian Penal Code provides for solitary confinement. Whenever any person is convicted of an offence for which under this Code, the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say—
a time not exceeding one month if the term of imprisonment shall not exceed six months;
a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
a time not exceeding three months if the term of imprisonment shall exceed one year.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 28
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The Code of Civil Procedure, 1908 was amended by the Civil Procedure Code (Amendment) Act, 2002, with the object to
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 28
The text of the provision in the present form has been introduced by the Amendment Act with effect from 1-7-2002. The purpose of such amendments is stated in the Statement of Objects and Reasons as to reduce delay in the disposal of civil cases.
Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 29
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The Surrogacy (Regulation) Act, 2021 has received the assent of the President on
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 29
President Ram Nath Kovind gave his assent to the Surrogacy (Regulation) Act, 2021 on 26th December, 2021. The Act defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention of handing over the child to the couple after its birth.
Uttarakhand 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. The lease is:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 1 - Question 30
Section 25 of the Transfer of Property Act provides that 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. Walking a hundred miles in an hour is impossible, so the lease is void under Section 25.
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