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


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

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Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 1

Special provision is mentioned regarding evidence relating to electronic record in which of the following sections of the Indian Evidence Act, 1872?

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 1
Under Section 65 A of the Indian Evidence Act, special provision is mentioned regarding evidence relating to electronic record.
Section 67 A of the Indian Evidence Act deals with the provisions of proof as to digital signature. Option (2) is correct.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 2

Under Muslim Law, a man is forbidden to have two wives at the same time, if related with each other by

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 2
Under Muslim Law, a man is prohibited from having two wives at the same time if they are related to each other by consanguinity (blood relation), affinity (relationship by marriage) or fosterage (relationship created by breast-feeding). This rule is based on the principles of Islamic Law and is meant to prevent any conflict of interest, favouritism or confusion in matters of inheritance and family relationships.
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Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 3

Under the Muslim Law, a married woman shall be entitled to obtain a decree for the dissolution of marriage on the ground that 'whereabouts of husband have not been known for a period of four years'. This is provided under the Dissolution of Muslim Marriage Act, 1939, in

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 3
Under Section 2 of the Dissolution of Muslim Marriage Act, 1939, a woman married under the Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on various grounds given under this Section. Clause (i) of this Section states that where the whereabouts of the husband have not been known for a period of four years, the wife is entitled to obtain decree of divorce.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 4
Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of _____ years shall be with the mother ordinarily.
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 4
Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall be with the mother ordinarily.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 5
Which of the following is NOT a duty of the investigating officer under Section 173 of the Criminal Procedure Code?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 5
Section 173 of the Criminal Procedure Code lays down the duties of the investigating officer in relation to the investigation of a cognizable offence. The investigating officer is required to record statements of witnesses, conduct a spot investigation of the crime scene, and seize and collect evidence related to the crime. However, providing legal assistance to the accused during trial is not a duty of the investigating officer as it is the responsibility of the accused to arrange for their own legal representation.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 6
Can a court exercise the power of re-summoning any witness, if once that power under Section 311 of CrPC has been exercised?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 6
Section 311 of the Criminal Procedure Code states that trial court has powers to summon a person as a witness and also to examine a person who has not been summoned as a witness as of now. The trial court also has powers to re-summon or recall a witness who has already been examined. According to Section 311 of the Criminal Procedure Code, this power has to be used, if court thinks that evidence is necessary for the proper adjudication of the matter.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 7

'A' allows an illegal marriage to be solemnized by 'B', a priest in his house. Which of the following statements holds true in this case?

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 7

'A' allows an illegal marriage to be solemnized by 'B', a priest in his house. Here, both A and B are liable for abetment because if they had not allowed, then illegal marriage wouldn't have happened. Therefore, they both are liable.

Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 8
The members of the UPSC are appointed by:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 8
The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India. At least half of the members of the Commission are Civil Servants (working or retired) with minimum ten years of experience either in Central or State service.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 9
Which of the following cases is related to the constitutionality of 'right to die'?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 9
An issue of 'right to die' was raised before the court in the case of Gian Kaur vs. State of Punjab. In this case, a five-judge Constitutional Bench of the Supreme Court overruled P. Ratinam's case and held that 'right to life' under Article 21 of the Constitution does not include 'right to die'.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 10
Which of the following is not an essential requirement for a gift made by a Mohammedan?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 10
Under Mohammedan law, a gift of property requires only the following three essentials:
(1) Declaration of the gift by the donor
(2) Acceptance of the gift by the donee
(3) Delivery of possession to the donee
These requirements are based on Islamic law, which is known as Shariah.
A gift made by a Mohammedan does not necessarily have to be effected through a registered instrument. Hence, option 4 is the answer.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 11
Rules relating to sapinda relationship are based on the principle of
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 11
Exogamy is a social arrangement where marriage is allowed only outside a social group. The social groups define the scope and extent of exogamy, and the rules and enforcement mechanisms that ensure its continuity.
Sapinda relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation. Two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.
Hence, from these two definitions, it is quite clear that rules relating to sapinda relationship are based on the principle of exogamy.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 12

Match List I with List II and select the correct answer by using the codes given below it.

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 12

In Savitri v. Govind Singh Rawat, it has been held that the Court has jurisdiction to grant interim maintenance also and in support of this view the doctrine of implied power has been invoked.
In Subramma v. Saraswati the court observed, if an unrelated person is found along with a young wife, after mid-night in her bedroom in actual physical juxtaposition, unless there is some explanation forthcoming for that which is compatible with an innocent interpretation, the inference that a court of law can draw must be that two were committing an act of adultery together.
It was held in the case of Jotish Chandra v. Meera that even in constructive desertion 'factum of separation' has to be established. It just be established that there is nothing else left in the parties' relationship except their living under the same roof.
In Shobha Rani v. Madhukar Reddy, the Supreme Court held that in case of mental cruelty the inquiry must begin as to nature of cruel treatment and impact of such treatment on the mind of the spouse.
Thus, option 1 is the answer.

Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 13
Under Muslim Law, the term "Faskh" is used to denote
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 13
The term "Faskh" under Muslim Law refers to the dissolution of marriage by judicial decree at the instance of the wife. It is a legal right given to the wife when the husband fails to fulfill his marital obligations or when the continuation of the marriage is causing her harm or suffering. The wife can approach court seeking a divorce and the court may grant the dissolution of the marriage after due consideration of the grounds presented by the wife.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 14
For a valid Muslim marriage,
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 14
For a valid Muslim marriage, the offer and acceptance must be at the same time and place. This is known as "ijab" (offer) and "qabul" (acceptance) and they must occur in the same meeting with both parties present, in the presence of two Muslim witnesses. This is based on the Hadith where the Prophet Muhammad (peace be upon him) said: "There is no marriage except with a wali (guardian), two witnesses and an offer and acceptance (ijab and qabul) that are heard." (Sunan Ibn Majah).
Therefore, options (1), (2), and (4) are incorrect, and the correct answer is option (3), that the offer and acceptance must be at the same time and place for a valid Muslim marriage.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 15
A document can be proved
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 15
A document can be proved by producing it before the court. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 16
Which Section of the CrPC provides that a person once convicted or acquitted cannot be tried again for the same offence?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 16
Section 300 of the Code of Criminal Procedure states that a person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 17
Transgender has been recognised as the third gender with all rights and a right to reservation by the Supreme Court in the case of:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 17
In the landmark judgment of National Legal Services Authority (NALSA) vs. Union of India, the Supreme Court of India recognised the transgender community as the third gender, and held that they are entitled to all the rights under the Constitution of India. The court also directed the government to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all the reservations available to them. The case was filed by the National Legal Services Authority seeking legal recognition of the transgender community as a third gender, and to provide them with equal rights and opportunities. The judgment was delivered on April 15, 2014.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 18
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is said to commit the offence of:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 18
According to Section 339 in the Indian Penal Code, whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is said to be wrongfully restraining that person. Punishment for the offence of wrongful restraint is provided under Section 341 of the Indian Penal Code.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 19
Which country was ranked as the most criminal country in the world in 2023?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 19
World of Statistics, in 2023, shared the ranking of the world's most criminal countries. On the list, Venezuela was ranked at the top, followed by Papua New Guinea (2), Afghanistan (3), South Africa (4), Honduras (5), Trinidad (6), Guyana (7), Syria (8), Somalia (9) and Jamaica (10), respectively. India stood at 77 spot, while the US and the UK were ahead of India in the criminal ranking country. The US was at 55 and the UK at 65, according to the World of Statistics. Turkey, Germany, and Japan were among the least criminal countries, ranked at 92nd, 100th, and 135th ranks.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 20
The country's strictest Anti-Copying Law came into force in _______, in February 2023.
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 20
The country's strictest Anti-Copying Law came into force in Uttarakhand, in February 2023. Governor Lieutenant General Gurmeet Singh approved the Uttarakhand Competitive Examination (Measures for Prevention and Prevention of Unfair Means in Recruitment) Ordinance 2023.
Under this Anti-Copying Law, there is a provision to impose a fine of Rs. 10 crore along with life imprisonment or 10 years in jail for the copycat mafia. Apart from this, there is also a provision to attach the property of the copying mafia.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 21
Ten persons were charged for offence under Section 302/149 of IPC, out of which six persons were acquitted. The remaining four
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 21
In order to constitute the offence of unlawful assembly, there should be at least five persons. The apex court held that in the absence of a charge against six out of the ten accused, none of the remaining four can be convicted under Section 149, IPC. The minimum number required for conviction under Section 149 is five, as was held in the case of Pandurang v. State of Hyderabad.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 22
Under Section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court,
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 22
Section 100A of the CPC reads as: Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgement, decision or order or such single Judge in such appeal or from any decree passed in such appeal.
Thus, option 1 is the correct answer.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 23
While executing a decree for maintenance, the salary of the judgement-debtor to the extent of
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 23
It has been stated under the Section 60(i) of the Civil Procedure Code, 1909 that for a decree of maintenance, two-thirds of the salary may be attached. Salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance can be attached. Therefore, one-third of the salary cannot be attached.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 24
Which one of the following is 1st leading case decided by Supreme Court on delegated legislation after the Constitution came into force?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 24
After independence, there had been a lot of confusion regarding the concept of delegation, i.e. whether it is possible and if so, to what extent. To clarify this, the President of India referred this question to the apex court under Article 143 of the Constitution. The court laid down some principles regarding these questions. Re-Delhi Laws Act is a landmark judgment of 7-Judge Bench of the Supreme Court and the first leading case decided by the Supreme Court on delegated legislation after the Constitution came into force.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 25
Who was the first Law Minister of India?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 25
Bhimrao Ramji Ambedkar, popularly known as Babasaheb, served as independent India's first Law Minister. He was the chairman of the Constituent Assembly which drafted the Constitution of India. This was his greatest contribution in founding modern India.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 26
Under Section 3 of the Transfer of Property Act, 1882, 'Immovable Property' does not include:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 26
As per Section 3, immovable property does not include standing timber, growing crop, and grass. The term 'standing timber' includes Babool Tree, Shisham, Nimb, Papal Banyan, Teak, Bamboo, etc. The fruit bearing trees like Mango, Mahua, Jackfruit, Jamun, etc. are not standing timber and they are immovable properties.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 27
Who is disentitled to dispose of property of a Hindu minor under Sec. 11 of the Hindu Minority and Guardianship Act, 1956?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 27
After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor as provided under Section 11 of the Hindu Minority and Guardianship Act, 1956.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 28
The Indian Evidence Act applies to:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 28
Section 1 of the Indian Evidence Act applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the Army Act, the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934, the Air Force Act but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 29
According to Section 357A of the CrPC, where the offender is not traced or identified, the victim or his dependent applied for the award of compensation; within what period are the state or district legal services authorities required to complete enquiry in this regard?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 29
Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the state or the district legal services authority for award of compensation. On receipt of such recommendations or on the application, the state or the district legal services authority shall, after due enquiry, award adequate compensation by completing the enquiry within two months.
Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 30
The proceedings under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 are maintainable at:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 2 - Question 30
The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 Act allows state governments to constitute Maintenance Tribunals to decide on the monthly maintenance amount payable to senior citizens by children. The Tribunal, under the Act, will be presided over by an administrative officer. The maintenance amount may not exceed a maximum of Rs. 10,000 per month.
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