Uttarakhand Judicial Services Prelims Mock Test - 3 - Judiciary Exams MCQ

The case of Mrs. Sabah Adnan Sami vs. Adnan Sami was decided by the Bombay High Court. The Court in this case held that there is a clear distinction between the talak by single pronouncement and the talak by triple pronouncement. It is only in case of a triple talak, that remarriage with the same husband is legal and valid if halala is observed.

The abetment of an offence is an offence. It is directly deducible from Section 108 of IPC. An abettor is a person who abets either the commission of an offence or the commission of an act, which would be an offence, if committed by a person capable by law of committing that offence with the same intention or knowledge as that of the abettor.

Article 20(3) provides that no person accused of an offence shall be compelled to be a witness against himself/herself. It is an essential protection afforded to every accused person to ensure that he/she is not forced to incriminate themselves. This article is based on the principle of protecting an individual's right against self-incrimination, which is also recognised in several international human rights instruments.

The Montreal Protocol is an international treaty that was signed in 1987 to phase out the production and consumption of substances that deplete the ozone layer, such as chlorofluorocarbons (CFCs) and halons. The protocol has been successful in reducing the levels of these substances in the atmosphere and has contributed to the healing of the ozone layer.

The right of people to self-determination is not explicitly provided for in the Universal Declaration of Human Rights (UDHR), 1948. However, it is recognised as a general principle of international law and has been affirmed in other international human rights instruments and documents.
The other rights listed in the options are all expressly provided for in the UDHR:
Article 3 - Right to life, liberty and security of persons
Article 17 - Right to own property
While the right to self-determination is not expressly provided for in the UDHR, it is recognised in Article 1 which states that "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."
Article 4 - Abolition of slavery and slave-like practices

According to Section 20 of the Transfer of Property Act, where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.

Section 114 of the Indian Evidence Act says that court may presume that an accomplice is unworthy of any credit, unless corroborated in material particulars. As the Section uses the word "may', it is a presumption of fact. This means that it is a commonly accepted belief or assumption based on past experiences or evidence, but it is not an absolute or conclusive proof. In the legal context, this presumption is often used to caution judges and juries against relying solely on the testimony of an accomplice without any additional evidence to support their claims.

Strict liability refers to a type of legal responsibility where an individual or organisation can be held liable for harm caused by their actions or products, even if they did not intend to cause harm and did not act negligently or recklessly. In strict liability cases, the focus is on whether the actus reus (the guilty act) was committed, rather than the intent or level of care of the person committing the act. Examples of strict liability offences include selling alcohol to minors, keeping dangerous animals, and manufacturing defective products.
Vicarious liability, on the other hand, refers to a legal doctrine that holds one party liable for the actions of another party. For example, an employer may be held vicariously liable for the actions of an employee who causes harm to others while carrying out their work duties.
"Act of God" and "force majeure" are terms that refer to unforeseeable and uncontrollable events that can excuse a party from fulfilling their contractual obligations. They are not related to the concept of criminal liability.

Section 414 in the Indian Penal Code states that whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

According to Section 159 of the Indian Penal Code, when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Punishment for the offence of affray is provided under Section 160 of the Code.

Freedom House, a global watchdog of human freedoms around the world, released its report titled "Freedom in the World 2023 Report". In the report, Freedom House ranked Tibet as the world's least-free country along with South Sudan and Syria. The report was successively released for the third year after Freedom House reports in 2021 and 2022 ranked Tibet at the bottom of a community of nations.

The State Legislative Council, or Vidhan Parishad, is the upper house in those states of India that have a bicameral state legislature, the lower house being the State Legislative Assembly. Its establishment is defined in Article 169 of the Constitution of India. Only 6 out of 28 states have a Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh. No union territory has a Legislative Council.
Thus, option 1 is the answer.

A will is a document which is made by a person during his lifetime and comes into effect after his death. A will by the testator who later commits suicide is valid in Sunni Law. This is invalid in Shia Law unless the will is made before taking any step towards commission of the act of suicide for the will to become valid.

The paternity of a child can be established by marriage between parents. When a child is born to a married couple, the husband is presumed to be the father of the child, and this presumption can be used to establish paternity.
However, the occurrence of zina (extramarital sexual relations) between parents does not automatically establish paternity. In such cases, paternity can be established through genetic testing or by a court order.

Relevancy and admissibility under the Evidence Act are neither synonymous nor coextensive.
The expressions relevancy and admissibility are often taken to be synonymous. But they are not the same. Their legal implications are different. All admissible evidence is relevant but all relevant evidence is not admissible. Relevancy is the genus of which admissibility is the species.
Thus, option 3 is correct.

Section 358 of the Code of Criminal Procedure provides that whenever any person causes a police officer to arrest another person, if it appears to magistrate, by whom the case is heard, that there was no sufficient ground of causing such arrest, magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as magistrate thinks fit. In such cases, if more persons than one are arrested, magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such magistrate thinks fit.

In a bailable offence, the bail is granted as a matter of right by the police officer or by court. Bailable offence is an offence in which accused has the right to be released on bail on giving required security.
So, option 3 is correct.

According to provisions embedded under Section 46 of the Code of Civil Procedure, 1908, an order to another competent court to attach any property of the judgement debtor is known as precept.

Abul Kalam Muhiyuddin Ahmed Azad was an Indian scholar and a senior political leader of the Indian independence movement. Following India's independence, he became the first Minister of Education in the Indian government.

The 61^st Amendment of the Constitution of India, officially known as the Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years. This was done by amending Article 326 of the Constitution, which is related to conducting elections to the Lok Sabha and the Assemblies.

Section 39 of the Code of Criminal Procedure has created a duty on part of the public generally to give information to the police regarding certain offences. This section states that every person, aware of the commission of certain offences such as offences against the State, offences relating to public tranquility, or offences punishable with imprisonment for a term of seven years or more, etc., is bound to give information to the nearest police officer or magistrate. Failure to do so without a reasonable excuse is an offence under this section.

Section 320 of the Indian Penal Code provides that only following kinds of hurt are designated as "grievous":

• Emasculation
• Permanent privation of the sight of either eye
• Permanent privation of the hearing of either ear
• Privation of any member or joint
• Destruction or permanent impairing of the powers of any member or joint
• Permanent disfiguration of the head or face
• Fracture or dislocation of a bone or tooth
• 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

It does not include 'temporary privation of the sight of either eye'.

M. Fatima Bibi is a former Judge of the Supreme Court of India. Appointed to the apex court in 1989, she became the first female Judge to be a part of the Supreme Court of India, and the first Muslim woman to be appointed to any of the higher judiciaries in country. On her retirement from the court, she served as a member of the National Human Rights Commission and later as the Governor of the Indian state of Tamil Nadu from 1997 to 2001.

Ketanji Brown Jackson was sworn into the Supreme Court of the USA, the nation's highest court, in June 2023. The 51-year-old Jackson is the court's 116^th justice, and she took the place of the justice she once worked for. Jackson, a federal judge since 2013, joined three other women, Justices Sonia Sotomayor, Elena Kagan and Amy Coney Barrett — the first time for four women to serve together on the nine-member court.

Section 228A of the Indian Penal Code punishes the disclosure of identity of the victim of certain offences. According to the section, whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. The sections referred to in this section pertain to the offence of rape and its aggravated forms.

Section 396 of the Code of Criminal Procedure deals with disposal of case according to decision of High Court. The section reads as follows:
(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.

Mutates mutandis is a Latin phrase that translates to "with the necessary changes being made" or "with the respective changes being made." It is used to indicate that a provision, rule, or principle should be applied to a different situation or context with appropriate modifications or adjustments as required. In legal contexts, "mutates mutandis" is often used to acknowledge that certain changes need to be made in order to adapt a particular provision or rule to a new set of circumstances while preserving its underlying intent or principle.

Section 6 in the Transfer of Property Act provides as to what may be transferred. Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.
(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.
(c) An easement cannot be transferred apart from the dominant heritage.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him:
(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.
(e) A mere right to sue cannot be transferred.
(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.
(g) Stipends allowed to military, naval, air-force and civil pensioners of the government and political pensions cannot be transferred. Thus, option 4 is the answer.

Section 73 of the Transfer of Property Act states that
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due.
This section is based on the doctrine of Substituted Security as it ensures that the mortgagee's right to security is not lost due to the sale or acquisition of the property.

Under Muslim Law, Tuhr means the period between menstruation. It is the period during which a woman is not menstruating and is therefore considered to be ritually pure. As such, the period of Tuhr is the period during which cohabitation is possible.