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

We can say that ,
The above given sentence is given in Passive Voice :-
Use structure “subject + auxiliary + past participle + by + object”
The entire block will be demolished by them.
Therefore , required answer will be option C .

Transient means lasting only for a short time; impermanent

Males disperse much farther from their mothers and enter into a transient phase
He also deserves credit as a beacon of stability in an often transient business

Let us first learn the meanings of the given words:

Span (verb): extend across.

Extend (verb): cause to cover a wider area or make larger.

Vary (verb): differ in size, amount, degree, or nature from something else of the same general class.

Range (verb): extend between specified limits.

The idea here is to express that there was a huge range of reasons why the protests in China had started. Grammatically only a verb in ‘-ing’ form will fit the blank, this eliminates ‘span’, ‘extended’ and ‘vary’. Now, between ‘scoping’ and ‘ranging’, ‘ranging’ is a better option to be placed before ‘from’.

Hence, option d is correct.

Punjab literally means "(The Land of) Five Waters" referring to the following rivers: the Jhelum, Chenab, Ravi, Sutlej, and Beas which flow through it.

Ravi River, in northwestern India and northeastern Pakistan, one of the five tributaries of the Indus River that give Punjab (meaning “Five Rivers”) its name. It rises in the Himalayas in Himachal Pradesh state, India, and flows west-northwest past Chamba, turning southwest at the boundary of Jammu and Kashmir state.

Beas River, Beas also spelled Bias, Sanskrit Vipasha, river in Himachal Pradesh, and Punjab states, northwestern India. It is one of the five rivers that give Punjab (“Five Rivers”) its name.

The Beas rises at an elevation of 14,308 feet (4,361 meters) at Rohtang Pass in the western (Punjab) Himalayas (a section of the vast Himalayas mountain range), in central Himachal Pradesh.

Two streams namely Chandra and Bhaga rise on the opposite sides of the Baralacha pass at an elevation of 4,891 meters and meet at Tandi at an elevation of 2,286 meters to form the river Chenab. The Chenab rises from the South-East and Bhaga from the North-West of the Baralacha pass.

It enters the Pangi valley of Chamba district near Bhujind and leaves the district at Sansari Nala to enter Podar valley of Kashmir. It flows in Himachal for 122 km. With its total length of 1,200 km., it has a catchment area of 61,000 sq. km., out of which 7,500 sq. km. lie in Himachal Pradesh.

It is the largest river of Himachal Pradesh in terms of volume of waters. The Chenab valley is a structural trough formed by the great Himalayan and Pir Panjal ranges

Low-income countries: These countries had per capita incomes of $935 or less in 2007. There were 49 countries in this category. About 20% of the world’s total population of about 6.5 billion people lived in low-income countries in 2007.

Only son of woman’s grandfather means woman’s father.
Man’s brother’s father means Man’s father.
Woman is man’s sister.

A newly independent state is not bound by any earlier treaties, except those determining boundaries.
As per the Vienna Convention, a newly independent state is not bound to maintain in force or to become a party to, any treaty by reason only of the fact that at the time of succession of the states the treaty was in force in respect of the territory to which the succession of states relates.

It is in the interest of justice that a party should bring forward its whole case in respect of the matter in suit. The matter directly and substantially in issue may either be actually in issue or constructively in issue and both the matters constitute 'res judicata' if the same were in issue in the former suit and is also in issue in the subsequent suit.
Explanation IV to Section 11 says that any matter which might or ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter constructively in issue in that suit.
Thus, if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there, he would be estopped from raising the same question in a subsequent suit between the same parties.

Option (1) is correct. Specific performance of any contracts may be ordered u/s 10 of the act, where there exists no standard for ascertaining actual damage by non performance of the act to be done.
Option (2) is incorrect. Specific performance of any contracts may not be ordered where compensation is an adequate relief.
Option (3) is incorrect. Specific performance of any contracts may not be ordered where the performance of the contract involves performance of a continuous duty, which the court cannot supervise.
Option (4) is incorrect. Specific performance of any contracts may not be ordered where the contract is by its nature determinable.

(i) The doctrine of eclipse means that an existing law inconsistent with a fundamental right, though becomes inoperative from the date of the commencement of the Constitution, is not dead altogether. The rule originated in the case of Bhikaji v. State of M.P.
(ii) The doctrine of severability has been elaborately considered by the Supreme Court in R.M.D.C. v. Union of India, and the essential rules regarding the question of severability have been laid down.
(iii) The doctrine of waiver is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such rights as are conferred on him by the State. It was held in the case of Basheshar Nath v. Commissioner of Income Tax that there could be no waiver, not only of the fundamental right enshrined in Article 14 but also of any other fundamental right guaranteed by Part III of the Constitution.
(iv) The doctrine of pith and substance states that where the question arises of determining whether a particular law relates to a particular subject, the court looks to the substance of the matter. In the case of State of Bombay v. F. N. Balsara, the court upheld the doctrine of pith and substance and said that it is important to ascertain the true nature and character of legislation for the purpose of determining the list under which the particular legislation falls.

This amounts to culpable homicide under section 299 of the Indian Penal Code.
Culpable Homicide under section 299 - Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Constituents in the given case:
1. Presence of Rahul's intention of causing death
2. Intention of causing such bodily injury as is likely to cause death
3. Knowledge that the act done is likely to cause death
Therefore, it amounts to culpable homicide.

Option 4 is correct: Both A and R are true and R is the correct explanation of A.
Section 2(b) of the Act states that Hindu includes any person who is a Buddhist, Jaina or Sikh by religion.
Further, explanation to this section clarifies that the following persons are Hindus, Buddhists, Jainas or Sikhs by religion:
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

Provisions of set-off are specified in CPC under Order VIII Rule 6.
If there are mutual debts between a plaintiff and a defendant in a proceeding, the defendant may, by way of defence, set-off against the plaintiff's claim any debt owed by the plaintiff to the defendant that was due and payable at the time the defence of set-off was filed.

According to Clause 1 of Section 18 of the Limitation Act, where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

The correct answer is both (a) and (b).

Key Points

• Interest reipublicae ut sit finis litium- The maxim conveys the idea that it is in the interest of the state or the public that legal disputes should come to an end. It underscores the importance of resolving legal matters and disputes in a timely manner, promoting the idea that prolonged litigation is not in the best interest of the state or the public welfare. The legal system aims for the resolution of disputes to ensure justice, maintain order, and prevent prolonged conflicts that could be detrimental to the well-being of society as a whole.
• Vigilantibus non dormeientibus jura subveniunt- laws come to the assistance of the vigilant and not of those who sleep on their rights

The expression "sufficient means" in Order 33 Rule 1 of the Code of Civil Procedure contemplates the ability or capacity of a person in the ordinary course to raise money by available lawful means to pay court fee".

The term Accomplice first appears in section 114 under the Indian Evidence Act 1872 which says that An accomplice is unworthy of credit unless he is corroborated in material particulars and subsequently again in section 133 of the Indian Evidence Act, 1872 it defines Accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine under Section 369 of the IPC.

Section 90 of the Indian Evidence Act, 1872 talks about the presumption as to documents thirty years old. It says that where any document, purporting or proved to be thirty years old, is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

In M. S. M. Sharma v. Srikrishna Sinha case, the Court held that, as per Article 194(3) of the Constitution, the Bihar State Legislative Assembly was to have the same powers, privileges and immunities as the House of Commons until it enacted a law providing for the same. As a result, the Assembly could validly prohibit the petitioner from publishing expunged portions of the speech.
It was held in this case that "Parliamentary proceedings are not subject to Fundamental Rights".

(1) Under Section 190 of the Code of Criminal Procedure, 1973, any Magistrate of the first class, and any Magistrate of the second class specially empowered, may take cognizance of any offence.

Passive euthanasia is legal in India under exceptional circumstances. On 7 March 2011, the Supreme Court of India legalised passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015.