Uttarakhand Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ

Section 53A of the Indian Penal Code talks about the construction of reference to transportation. It states that any reference to transportation for life in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to imprisonment for life. Therefore, option 3 is the correct answer.

The Uttaranchal (Alteration of Name) Act, 2006 (Act no. 52 of 2006) was enacted by the Parliament of India as a legislation of Central Government and was provided for the purpose and object to have alteration in the name of the State of Uttaranchal. On December 21, 2006, the Uttaranchal (Alteration of Name) Act, 2006 was passed and the name of the State of Uttaranchal was changed to Uttarakhand. It became effective from January 1, 2007, as per the Government of India notification dated December 29, 2006.

Section 26 of the Indian Evidence Act provides that no confession made by any person, whilst he is in the custody of a police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person. Thus, option (2) is the correct answer.

Section 45 of the Evidence Act, which makes opinion of experts admissible, lays down that when the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting, or finger impressions are relevant facts. Therefore, in order to bring the evidence of a witness as that of an expert, it has to be shown that he has made a special study of the subject or acquired a special experience therein, or in other words that he is skilled and has adequate knowledge of the subject.

Section 171-D of the Indian Penal Code contains provision regarding personation at elections. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. Therefore, option 1 is the answer.
The rest of the options are correctly matched.

Under Section 166 of the Indian Penal Code, whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
So, A has committed the offence defined in Section 166.

Under Article 142, curative petition can be filed in the Supreme Court. The concept of curative petition was evolved by the Supreme Court of India in the case of Rupa Ashok Hurra v. Ashok Hurra. Its objectives are two-fold - one is to avoid miscarriage of justice and another is to prevent abuse of process.

Rosalyn C. Higgins is a British former President of the International Court of Justice (ICJ). She was the first female judge elected to the ICJ, and was elected to a three-year term as its President in 2006. During her tenure, she played a significant role in advancing the development of international humanitarian law and human rights law.

An actionable claim is a claim to a debt or other property that can be enforced in court. It is a type of property that can be transferred by the owner to another person.
A pension is a form of retirement savings plan that provides a fixed income to the retiree. It is not transferable property, as it is specifically tied to the individual who earned it and cannot be transferred to another person.
A right of way is a legal right to pass through someone else's property. It is not considered transferable property, as it is tied to the specific location and cannot be sold or transferred to another person.
A chance of legacy refers to the possibility of receiving an inheritance from someone who has passed away. It is not transferable property, as it is dependent on the actions and decisions of others and cannot be bought or sold.

The main principles of succession under Muslim law are:

• Rule of Representation: This principle means that the descendants of a deceased person inherit his or her share of the property. If the deceased has left behind children, they will inherit their parent's share in the property. If the deceased has no children, then the grandchildren or great-grandchildren, and so on, will inherit their ancestor's share.
• Rule of Exclusion: This principle excludes certain relatives from inheritance. For example, under Muslim law, non-Muslims cannot inherit from a Muslim's estate. Similarly, illegitimate children, who are not recognised as legitimate heirs, cannot inherit from their biological father.
• Rule of Primogeniture: This principle means that the eldest son of the deceased is entitled to a larger share of the inheritance. Under Muslim law, the eldest son is entitled to twice the share of his younger brothers.

Therefore, the correct answer to the question is option 4; all of these principles are the main principles of succession under Muslim law.

It is immaterial to whom the declaration is made. The declaration may be made to a magistrate, a police officer, a public servant or a private person. It may be made before the doctor; indeed, he would be the best person to opine about the fitness of the dying man to make the statement, and to record the statement, where he found that life was fast ebbing out of the dying man and there was no time to call the police or the magistrate. In such a situation the doctor would be justified, rather duty bound, to record the dying declaration of the dying man.
Thus, option 4 is correct.

Section 129 of the Evidence Act provides that no one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional advisor, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.

Section 306 of the Code of Criminal Procedure deals with tender of pardon to accomplice. According to Clause 2, this Section applies to
(a) any offence triable exclusively by court of session or by court of a special judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952)
(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence
Thus, option (4) is the answer.

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

The offence committed in this scenario is theft. Theft is the act of taking someone else's property without their permission and with the intention of permanently depriving them of it. While the accused in this scenario did take the property without the permission of the owners, they did not use any violence or threat of violence, which is required for the offence of dacoity, attempt to dacoity, or robbery.

The Lokpal and Lokayukta Act, 2013, commonly known as the Lokpal Act, is an anti-corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain important public functionaries including the Prime Minister, cabinet ministers, members of parliament, Group A officials of the Central Government and for matters connecting them". The Bill was tabled in the Lok Sabha on 22 December, 2011 and was passed by the House on 27 December as the Lokpal and Lokayuktas Bill, 2011. It was subsequently tabled in the Rajya Sabha on 29 December. On 21 May, 2012, it was referred to a Select Committee of the Rajya Sabha for consideration. It was passed in the Rajya Sabha on 17 December, 2013 after making certain amendments to the earlier Bill and in the Lok Sabha the next day. It received assent from President Pranab Mukherjee on 1 January, 2014 and came into force on 16 January, 2014.

The eleventh schedule contains the provisions that specify the powers, authority and responsibilities of Panchayats. This schedule was added by the 73^rd Amendment Act of 1992.

The representative suit is dealt with in the Code of Civil Procedure (CPC) under Order 1 Rule 8. This rule allows one or more persons to sue or defend on behalf of numerous individuals who have the same interest in a particular matter. The representative suit helps in avoiding multiplicity of suits and ensures efficient resolution of disputes involving a large number of people with similar claims or interests.

On the basis of decided cases and the text of eminent Mohammedan Jurists, certain objects which had been declared to be valid objects of waqf are:
1. Mosque and provisions for Imamas to conduct worship
2. Celebrating the birth of Ali Murtaza
3. Repairs of Imambaras
4. Payment of money to Fakirs
5. Grant to an Idgah, etc
A waqf in favour of utter strangers is not a valid object under Muslim law.

Section 131 of the Indian Evidence Act, 1872 provides for production of documents or electronic records which another person, having possession, could refuse to produce. According to the section, no one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.

Section 384 of the Code of Criminal Procedure expressly states that If upon examining the petition of appeal and copy of the judgment received under Section 382 or Aection 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily.

The permanent members of the United Nations Security Council (also known as the Permanent Five, Big Five, or P5) are the five sovereign states to whom the UN Charter of 1945 grants a permanent seat on the UN Security Council: China, France, Russia, the United Kingdom, and the United States. These five countries have permanent membership and hold veto power in the Security Council. Germany, while a prominent member of the United Nations, does not have permanent membership in the Security Council. However, Germany is actively involved in global affairs and participates in various other United Nations bodies and initiatives.

The Communal Award is not correctly matched with the year 1930. The Communal Award was actually announced by British Prime Minister Ramsay MacDonald in 1932, not 1930. The Communal Award granted separate electorates to different religious communities in India based on the recommendations of the Round Table Conferences. Therefore, option 3 is the answer.
Rest of the options are correctly matched.

Sir B. N. Rau was the Constitutional Advisor to the Constituent Assembly in framing the Indian Constitution. He was a renowned lawyer, jurist, and legal scholar from South India who was known for his expertise in constitutional law. As the Constitutional Advisor to the Constituent Assembly, Sir B. N. Rau played a crucial role in the drafting of the Indian Constitution. His contributions to the Constitution-making process were significant in the following ways:
1. He provided legal guidance to the Constituent Assembly, helped in formulating the constitutional principles, and ensured that the Constitution adhered to the fundamental principles of democracy, justice, and freedom.
2. Sir B. N. Rau was involved in the drafting of the Constitution and worked closely with the drafting committee headed by Dr. B. R. Ambedkar.
3. He was instrumental in addressing the concerns of minority communities in the Constitution. He advocated for the inclusion of provisions that safeguarded the rights of minorities and ensured that the Constitution was inclusive and representative of India's diverse population.
4. He drew on his experiences working on international legal frameworks and incorporated some of the best practices from other countries' constitutions.

Muslim Law encompasses a wide range of legal principles and regulations that govern various aspects of life for Muslims. It is applicable to both those who are born into Islam (Muslims by birth) and those who have converted to Islam (Muslims by conversion).

Section 11 of the Code of Civil Procedure (CPC) deals with the doctrine of res judicata, which means that a matter that has been decided by a court cannot be re-litigated in a subsequent suit. This doctrine is based on the principle that it is unfair to have a matter decided twice, and that it would be a waste of time and resources.
The other options are incorrect. Section 9 of the CPC deals with jurisdiction of civil courts. Section 13 of the CPC deals with conclusiveness of foreign judgement. Section 15 of the CPC deals with place of suing.

Specified dower is a sum of money or property that is given by the husband to the wife at the time of marriage. It is a form of security for the wife in case of divorce. The amount of specified dower can be fixed by the parties to the marriage, or it can be left to the discretion of the judge.
If the specified dower is not fixed before the marriage, it can be fixed at the time of marriage or at any time subsequent to the marriage. However, the wife cannot be deprived of her right to specified dower. Therefore, option 4 is the answer.

Exception 1 to section 300 of IPC reads as follows: Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:
First: That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.
Second: That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.
Third: That the provocation is not given by anything done in the lawful exercise of the right of private defence.
Explanation: Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Section 35 of the Transfer of Property Act deals with the doctrine of election. The primary element in the doctrine of election is the presence of choice. The foundation of election is that a person taking the benefit of an instrument must also bear the burden. Generally, election means choosing between two inconsistent or alternative rights. This doctrine is only applicable when transfer and benefit form part of the same transaction. In Muhammad Afzal Vs. Ghulam Kasim, after the death of Nawab of tank, the Government while transferring chiefship to the eldest son, transferred some cash allowance to the Nawab's second son. The Nawab had already transferred in his life time villages to the second son for his maintenance. It was held by the Privy Council that since these grants (cash and villages) came to the second son from two different sources, they were not part of the same transaction and, therefore, the second son was not put to election.

Section 127 in the Transfer of Property Act deals with onerous gifts. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.
Onerous gift to disqualified person — A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.