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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Uttarakhand Judicial Services Prelims Mock Test - 4 - Judiciary Exams MCQ

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


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30 Questions MCQ Test - Uttarakhand Judicial Services Prelims Mock Test - 4

Uttarakhand Judicial Services Prelims Mock Test - 4 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Uttarakhand Judicial Services Prelims Mock Test - 4 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Uttarakhand Judicial Services Prelims Mock Test - 4 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 - 4 below.
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Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 1
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Quid pro quo' means

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 1
This is a Latin maxim. The meaning of this is "consideration", in real sense. The literal meaning of the maxim "quid pro quo" is: "something in return of something" or "something in exchange of something". In every contract, there should be consideration flowing from each side to the other, the Latin maxim "quid pro quo" signifies that part of the contract.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 2
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Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 2
Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of rule of transfer of property. This is a legal rule which states that purchasing a property from someone who doesn't have a title denies the purchaser of the property of an ownership title.
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Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 3
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Presumption as to dowry death is contained in

Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 3
Section 113 B of the Indian Evidence Act, 1872, deals with the presumption as to dowry death. According to this Section, if a woman has died within 7 years of her marriage and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry, then court may presume that the death was a dowry death. This presumption can be rebutted by evidence to the contrary. It is important to note that the prosecution must prove that the woman was subjected to cruelty or harassment in connection with a demand for dowry before this presumption can be raised.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 4
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Dumb witness may give his evidence by writing or signs in an open court. Such evidence shall be deemed to be
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 4
Dumb witness may give his evidence by writing or signs in an open court. Such evidence shall be deemed to be oral evidence. It is stated under Section 119 of the Indian Evidence Act. Option (2) is correct. After recording oral evidence, it is upon the discretion of the Court to accept it or not.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 5
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The compensation to the victim under Section 357 of the Code of Criminal Procedure can be passed by which of the following courts?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 5
Section 357 of the Code of Criminal Procedure provides for order to pay compensation. Clause (4) of the section clearly states that an order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
Therefore, option (4) is the correct answer.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 6
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A' pretends to be 'B', a person who has been deceased. 'A' is liable to be punished under
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 6
A' pretends to be 'B', a person who has been deceased. 'A' is liable to be punished under Section 417 of IPC. This Section reads as:
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 7
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A woman ran to a well stating that she would jump into the well but she was caught before she could reach it. She is guilty of
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 7
The woman in the scenario did not commit any offense because she did not actually jump into the well or cause harm to herself or others. Although her statement suggests that she intended to harm herself, it was only an expression of her emotions at that moment. Therefore, the correct answer is option 4.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 8
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Match List I with List II and select the correct answer by using the codes given below the lists.
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 8
  • Movable property obtained without consent means theft as defined under Section 378.
  • Movable property obtained without consent by instant violence is robbery as defined under Section 390.
  • Movable property obtained without consent induced by fear is extortion as defined under Section 383.
  • Movable property obtained using violence by gang of six persons is dacoity as defined under Section 391 of the Indian Penal Code.

Hence, option 3 is the correct answer.

Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 9
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"Philosophy of Law" is a book written by
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 9

"Philosophy of Law" is a book written by Joseph Kohler. Kohler does not regard the law as being automatically created. He states that jurisprudence must be a creative science, and the legal order must continue to evolve to satisfy the needs of a society.

Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 10
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The International Court of Justice was set up on
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 10
The International Court of Justice (ICJ), also known as the World Court, is the principal judicial organ of the United Nations (UN). It was established on April 18, 1946, through the UN Charter and began its work in 1946. The ICJ is located in The Hague, Netherlands, and is composed of 15 judges who are elected by the UN General Assembly and the Security Council for a term of nine years.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 11
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In which section of the Protection of Women from Domestic Violence Act, 2005 has the word 'Domestic Violence' been defined?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 11
The definition of "domestic violence" can be found in Section 3 of the Protection of Women from Domestic Violence Act, 2005. As per Section 3 of the Act, "domestic violence" includes any act, omission or commission or conduct of the respondent that harms or injures or has the potential to harm or injure the aggrieved person, which includes physical abuse, sexual abuse, verbal and emotional abuse, economic abuse or any other form of abuse or harassment. It also includes the deprivation of the aggrieved person of financial or economic resources to which she is entitled under any law or custom, and the threat of any such harm or abuse that is likely to be inflicted upon her.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 12
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Which of the following is/are the essential requisites of a valid will under Muslim Law?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 12
The essential requisites of a valid will under Muslim Law are as follows.
1. Testator must be competent to make a will: The testator must be a Muslim of sound mind, who has attained the age of puberty and is not coerced or forced to make the will.
2. Legatee must be competent to take the bequest: The legatee must be capable of taking the bequest. This means that the legatee must be a Muslim who has attained the age of puberty and is not barred from receiving the bequest by Islamic Law.
3. Subject must be valid: The subject matter of the bequest must be valid. This means that the testator cannot bequeath something that is prohibited by Islamic Law, such as alcohol, pork or interest-based transactions.
Therefore, the correct answer is option (4).
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 13
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Which of the following is not a ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 13
According to the Dissolution of Muslim Marriage Act, 1939, non-payment of mahr is not a ground for dissolution of a Muslim marriage. The other three grounds mentioned in the question, namely, whereabouts of the husband is not known for four years, option of puberty, and non-maintenance of wife by the husband for two years, are grounds for dissolution of a Muslim marriage under clauses (i), (vii) and (ii), respectively of section 2 of the Act.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 14
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Which among the following is/are an immovable property as per the provisions of Transfer of Property Act, 1882?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 14
As per the provisions of the act, an immovable property does not include standing timber, growing crops or grass. Therefore, fruit trees are an immovable property as per the provisions of Transfer of Property Act, 1882.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 15
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Primary evidence of a document means
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 15
According to Section 62 of the Indian Evidence Act, primary evidence means the document itself produced for the inspection of the court.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 16
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A Magistrate who released on bail an accused in a Sessions case directed him to bind himself to appear before the Magistrate Court as well as the Sessions Court. The direction is
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 16
In the case of Free Legal Aid Committee v. State of Bihar (1982) 3 SCC 389 (1), it was held that the Magistrate may require the accused to furnish bail for appearance before the Sessions Court too. Thus, the accused had to present himself before the Sessions Court also.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 17
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The confession of an accused recorded by a Magistrate under Section 164 Cr.P.C.
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 17
Section 164(4) states that any confession made by the accused shall be recorded in the manner provided in Section 281 for recording the examination of an accused person and shall be signed by the person making the confession.
Thus, the confession made by an accused recorded by a Magistrate under Section 164 of Cr.P.C. shall be signed by the person making the confession.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 18
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A decree may be:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 18
Depending on the stage and nature of the legal proceedings, a decree can fall into any of the three categories:
A preliminary decree is an interim or temporary order issued by a court before a final decision is made. It may establish certain rights or obligations, but it is subject to further review or modification.
A final decree is the ultimate decision or judgment rendered by a court, which settles all the issues in a case and usually concludes the litigation.
A decree can also be partly preliminary and partly final when the court issues both temporary orders and a final decision on different aspects of the case.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 19
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Under Civil Procedure Code, the Court may issue a Commission:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 19
Under Section 75 of the Code of Civil Procedure, 1908, the Court may issue a Commission for any of the following purposes:
1. To perform a local investigation
2. To examine witnesses
3. To adjust accounts
4. To make a partition
5. To do an investigation
6. To conduct a sale
7. To perform a ministerial act
Thus, option 4 is correct.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 20
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As per Hindu law, who among the following is not entitled for maintenance?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 20
Section 18(3) of the Act states that a Hindu wife will not be entitled to separate residence and maintenance from her husband:
1. If she is unchaste or has committed adultery or any other illicit sexual relationship with anyone else, or
2. If she has ceased to be a Hindu by conversion to another religion.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 21
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Under Muslim Law, when wife and husband seek divorce on mutual consent, it is called:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 21
Mubarat is dissolution of marriage by mutual consent which can be initiated by either party. The proposal is made by one spouse and accepted by the other spouse.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 22
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Appointment of retired High Court Judges at the sitting of High Courts is provided in Constitution of India, under:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 22

Article 224A enables a Chief Justice of a High Court with the previous consent of the President to request a former High Court Judge to sit and act as a Judge of the High Court to hear cases. The provision has been invoked very rarely in the judicial history of India. Article 224A was inserted by the 15th Constitution Amendment Act, 1963.

Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 23
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'A' denied food to his wife 'B' for several days by keeping her confined in a room with intention to accelerate her death. 'B' anyhow managed to escape. What offence has 'A' committed?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 23

Attempt to murder refers to the act of trying to intentionally cause the death of another person but not succeeding in doing so. In this case, 'A' took deliberate actions by denying food to 'B' for several days, which would have inevitably resulted in severe physical harm and eventually death if 'B' had not managed to escape. 'A' had the intent to cause B's death by keeping her confined and depriving her of essential sustenance. The offence of attempt to murder focuses on the intention behind the actions, regardless of the actual outcome. Even though 'B' managed to escape, 'A' still committed the offence because his actions clearly demonstrated the intent to cause B's death.

Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 24
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India's first Artificial Intelligence based digital Lok Adalat was launched in July 2022 in which State?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 24
National Legal Services Authority Chairman Uday Umesh Lalit launched the country's first AI-powered digital Lok Adalat during the 18th All India Legal Services Authorities' meet in Rajasthan. The digital Lok Adalat has been designed and developed by the technology partner Jupitice Justice Technologies of Rajasthan State Legal Services Authority (RSLSA 22).
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 25
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Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the punishment for pronouncing Talaq is
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 25
The Muslim Women (Protection of Rights on Marriage) Act, 2019 declares the instant divorce granted by pronouncement of talaq three times as void and illegal. It provides for imprisonment for a term up to 3 years and fine to the husband who practised instant Triple Talaq.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 26
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Mohan borrowed a bicycle from Ram promising to return it in three days but disposed of the same and appropriated the proceeds for his own use. Mohan is guilty of offence of:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 26
Mohan is guilty of the offence of Criminal breach of trust. Criminal breach of trust is a legal term used to describe a situation where someone entrusted with property (in this case, Ram's bicycle) dishonestly misappropriates it for their own use, contrary to the terms of the trust. In this scenario, Mohan borrowed the bicycle from Ram with the promise to return it in three days, but instead of doing so, he disposed of the bicycle and kept the proceeds for himself. This act constitutes criminal breach of trust because he violated the trust placed in him by Ram and misused the property for his own benefit.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 27
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A transfers property to B in trust for C and directs B to give possession of the property to C when he attains the age of 25 years. C's interest in the property is:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 27
Section 19 of Transfer of Property Act defines vested interest as follows:
"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."
A vested interest is not defeated by the death of the transferee before he obtains possession.
In the given case, A transfers property to B in trust for C and directs B to give possession of the property to C when C attains the age of 25 years. The enjoyment in the property is postponed but this does not prevent the interest vesting immediately. However, such transfer is itself void when C attains majority. Therefore, C has vested interest and is entitled to the possession of property at the age of 18.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 28
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Rule against perpetuity applies to:
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 28
The rule against perpetuity is a legal principle that restricts the ability to create interests in property that will last for an indefinite period of time. The purpose of the rule is to prevent the concentration of property in the hands of a few families and to ensure that property is available for use by future generations.
This rule applies to both moveable and immoveable property, however it is applicable only where there is a transfer of property and the vesting of it is postponed beyond the period of perpetuity.
Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 29
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Which of the following provisions of Indian Penal Code, 1860, is based on the principle of 'Volenti non fit injuria'?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 29

Section 87 of the Indian Penal Code states that "Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offense by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm."
This provision embodies the principle of 'Volenti non fit injuria,' which means that if a person voluntarily consents to endure a harm or takes the risk of harm, the person causing that harm will not be held criminally liable, provided the harm caused is not intended to cause death or grievous hurt and is not known to be likely to cause such harm.

Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 30
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Offences affecting the human body are provided under which of the following chapters under Indian Penal Code, 1860?
Detailed Solution for Uttarakhand Judicial Services Prelims Mock Test - 4 - Question 30

Chapter XVI of the Indian Penal Code, 1860, is titled "Of Offences Affecting the Human Body." This chapter includes various sections that deal with offences related to causing hurt, wrongful restraint, wrongful confinement, kidnapping, abduction, and related matters that affect the physical integrity and well-being of individuals. It covers a range of offences against the human body and provides provisions for their punishment and legal consequences.

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