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Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Judiciary Exams MCQ


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30 Questions MCQ Test - Bihar Judicial Services (Prelims Paper - II) Mock - 1

Bihar Judicial Services (Prelims Paper - II) Mock - 1 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Bihar Judicial Services (Prelims Paper - II) Mock - 1 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Bihar Judicial Services (Prelims Paper - II) Mock - 1 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Bihar Judicial Services (Prelims Paper - II) Mock - 1 below.
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Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 1
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Under which section of the Evidence Act is the legitimacy of a child born during the lawful wedlock presumed?

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 1
Section 112 of the Indian Evidence Act, 1872 states that the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 2
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Admissibility of electronic records has been prescribed under

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 2
Section 65B of the Evidence Act deals with admissibility of electronic records. Section 65B of the Indian Evidence Act starts with a 'non obstante' clause which makes the Section prevalent over any other Section as contained in the Evidence Act.
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Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 3
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During the operation of martial law,

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 3
Article 34 of the Constitution deals with restriction on rights conferred by this part, while martial law is in force in any area. Marital law is a state of affairs declared by a civilian government in which the military forces are empowered to rule, govern and control an area, which can be a small locality or the entire nation, in a way involving direct force, and without the usual constraints of democratic decision-making or the acceptance of civil rights.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 4
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Which of the following is/are the legal consequence(s) of divorce under Muslim Law?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 4
Whatever be the mode, a divorce operates as a complete severance of the matrimonial relationship between husband and wife. After completion of every form of divorce, the marriage is dissolved and the parties cease to be husband and wife. The legal consequences of divorce under Muslim law are - mutual rights of inheritance cease, cohabitation becomes illegal, compliance of iddat, maintenance during iddat, right to contract another marriage, etc.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 5
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Section 44 of Specific Relief Act is related to
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 5
Section 44 of Specific Relief Act was repealed by the Repealing and Amending Act, 1974 (56 of 1974).
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 6
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A general offer open for world at large can be accepted
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 6
A general offer open for world at large can be accepted by complying with the conditions of offer. This principle has been enunciated in the much celeberated case of Carlill v. Carbolic Smoke Ball Co. (1893, 1 QB 256).
An offer may be made to definite person or persons or to the world at large. When it is made to some specific person or persons, it is called a specific offer. When it is made to the world at large, it is called a general offer. A specific offer can be accepted only by the person to whom the offer has been made and in the manner, if any specified in the terms of the offer.
But, a general offer can be accepted by any persons having notice of the offer by doing what is required under the offer.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 7
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The mode of determining the existence of partnership has been laid down in
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 7
Section 6 of the Indian Partnership Act, 1932, deals with the determination of the existence of partnership. It says that in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 8
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Public documents include:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 8
Generally, court proceedings are public matters. In the vast majority of jurisdictions, this includes divorce proceedings. This means that unless the court agrees to file divorce records under seal, filings in divorce proceedings become matters of public record. Exceptions to open court records exist including the identification of children and victims of sexual abuse, amongst others. Therefore, it is clear that decree of divorce is a public document.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 9
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Classification of compoundable and non-compoundable offences has been provided under
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 9
Section 320 of CrPC deals with the classification of compoundable and non-compoundable offences. Criminal offences can be classified into compoundable and non-compoundable offences. Compoundable offences are those that can be compromised, i.e. the complainant can agree to take back the charges levied against the accused, whereas non-compoundable offences are more serious offences in which the parties cannot compromise.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 10
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Lack of clarity in a legislative enactment is no justification for declaring it
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 10
Lack of clarity in a legislative enactment, anyhow, is not a ground to declare it as ultra vires. When a piece of legislation is declared to be ultra vires, it is void and becomes unenforceable. It cannot affect the rights and duties of any person. Until a law is declared invalid by a court, it is presumed to be valid. If the valid and the invalid parts of a law can be severed, only then is the invalid portion of the law quashed and the valid portion can continue to remain operative.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 11
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A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of marriage on the ground that the husband has failed to perform, without reasonable cause, his marital obligations for a period of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 11
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of marriage on the ground that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years given under Section 2 of the Dissolution of Muslim Marriage Act.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 12
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Section 26 of the Hindu Marriage Act, 1955, as amended by the Hindu Marriage (Amendment) Act, 1964, deals with
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 12
Section 26 of the Hindu Marriage Act, 1955, as amended by the Hindu Marriage (Amendment) Act, 1964, deals with custody of children. The said section postulates that the court may pass interim orders or may make provision in the decree with regard to the custody, maintenance, and education of the minor children consistently with their wishes, wherever possible.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 13
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A male Hindu, having more than one living wives at the time of making adoption, may adopt a son
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 13
Sec. 7 of the Hindu Adoption and Maintenance Act, 1956, reads as:
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife, unless the wife has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
Explanation.- If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary, unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 14
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Under Dissolution of Muslim Marriage Act, repudiation of marriage as a ground for divorce is available to
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 14
Under Section 2 of the Dissolution of Muslim Marriage Act, repudiation of marriage, as a ground for divorce, is available to wife only. Wife is entitled to present a petition for divorce if her marriage was solemnized before her attainment of the age of fifteen years provided she has repudiated the marriage after attaining the age of fifteen years but before attaining the age of eighteen years.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 15
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The following leading cases are related to which of the following subjects?
A. Gopal V/s Parsottam
B. Santely V/s Wilde
C. Kedar Lal V/s Hari Lal
D. Ali Hussain V/s Nilla Kandan
Choose the correct answer.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 15

All of the above mentioned cases are related with mortgage. The concept of mortgage emerged in all these cases.
Section 58 (a) of the TRANSFER OF PROPERTY ACT, 1882, defines mortgage as the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.

Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 16
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English rules of equity have
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 16
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law system.
In India, the common law doctrine of equity had traditionally been followed even after it became independent in 1947. However, in 1963, the "Specific Relief Act" was passed by the Parliament of India following the recommendation of the Law Commission of India and repealing the earlier "Specific Relief Act" of 1877. Under the 1963 Act, most equitable concepts were codified and made statutory rights, thereby ending the discretionary role of the Courts to grant equitable reliefs.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 17
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Which one the following does not constitute exception to the rule against perpetuity?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 17
The rule against perpetuities is a rule in common law that forbids legal instruments (usually a will) from tying up property for too long a time beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest at a date beyond that of the lifetimes of those then living plus 21 years. Therefore, it is clear that a fund is bequeathed to next seven generations will not be covered under the exceptions.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 18
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An offer cannot be accepted unless and until, it has been brought to the knowledge of the person to whom it is made' was held in
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 18
In this case the nephew of Gauri Dutt was found missing and Lalman Shukla, an employee with Gauri Dutt, was sent for the search. Later it was announced that whosoever finds the missing nephew will be rewarded with Rs. 501 but this fact was not known to Lalman. Lalman located the missing nephew and brought him back and claimed for reward. It was held by the court that in absence of knowledge of a proposal, it cannot be accepted.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 19
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Which of the following defences is not available in law of torts?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 19
The defences available under torts are as follows.
  • Consent
  • When plaintiff is the wrongdoer
  • Inevitable accident
  • Act of God
  • Act in relation to private defence
  • Necessity
  • Act done in respect to statutory authority
  • Volenti non-fit injuria
Thus, contributory negligence is not available as defence under law of torts.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 20
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'Tort' was defined as "an infringement of a right in rem of a private individual giving a right of compensation of the suit of the injured party" by
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 20
Tort is an infringement of a right in rem of a private individual giving a right of compensation of the suit of the injured party. This definition was given by Franger.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 21
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Which among the following is not a basic source of administrative law?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 21
Acts and statutes passed by legislature are important sources of administrative law because they elaborately detail the powers, functions and modes of control of several administrative bodies. Ordinances are issued by the President (at Union/Federal level) and Governor (at state level) and are valid for a particular period of time. These ordinances give additional powers to administrators in order to meet urgent needs. Judicial decisions or judge-made laws have been responsible for laying down several new principles related to administrative actions.
But customs have never been the source of administrative law.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 22
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Which one of the following is not essential for a consideration?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 22
Explanation 2 attached with section 25 of the Contract Act says that an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate but the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 23
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Total managerial remuneration in a public company shall not exceed ________ of the net profit.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 23
A public company can pay remuneration to its directors including managing directors, whole-time directors and its managers not exceeding 11% of the net profit as calculated in a manner laid down under Section 198 of the Companies Act, 2013.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 24
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Who among the following is the author of the famous work 'Mitakshara'?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 24
Vijnaneshwara was a prominent jurist of the twelfth century India. His treatise, the Mitakshara, dealt with inheritance, is one of the most influential legal treatises in Hindu law. Mitakshara is the treatise on Rishi Yajnavalkya's Smriti called Yajnavalkya Smriti. The Mitakshara is a commentary only on the Yajnavalkya Smriti.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 25
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A male Hindu, having more than one wife living, at the time of making adoption, may adopt a son
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 25
Section 7 of the Hindu Marriage Act provides the capacity of a male Hindu to take in adoption. This section provides that any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. However, as per the Explanation attached to this section, if a person has more than one wife living at the time of adoption, the consent of all the wives is necessary.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 26
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Sections 40 to 44 of the Indian Evidence Act deal with the relevance of:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 26
Section 40 to Section 44 of the Indian Evidence Act, 1872 lay down the provisions relating to judgements of Court of Justice, when relevant. Section 40 deals with the previous judgements to bar a suit or trial. Section 41 deals with the relevancy of certain judgements in probate, etc.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 27
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Existence of 'any right' or 'custom' may be proved under the Indian Evidence Act, 1872 under
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 27

According to Section 13 of the Indian Evidence Act, where the question is as to the existence of any right or custom, the following facts are relevant:
(a) Any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted, or denied, or which was inconsistent with its existence; or
(b) A particular instance in which the right or custom was claimed, recognised, or exercised or in which its exercise was disputed, asserted or departed from.

Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 28
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The object(s) of oral examination under Order X, Rule 2 of the Civil Procedure Code is/are
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 28
In a civil proceeding, at the first hearing of the suit, the court, with a view to elucidating matters in controversy in the suit, examines orally such of the parties to the suit appearing in person or present in the court, as it deems fit, or may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in the court or his pleader is accompanied.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 29
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Which one of the following Sections of the Code of Criminal Procedure provides confirmation by the High Court of an order of death sentence passed by the Court of Sessions prior to its execution?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 29
The Code of Criminal Procedure provides that when any death penalty is passed by the Court of Sessions, the same shall be first confirmed by the High Court. Section 366 of the Code provides that in the event of the Court of Sessions passing a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. Till then, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.
Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 30
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Which one of the following is not an essential element of the offence of acid attack mentioned under Section 326A of IPC?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 1 - Question 30
Section 326 A of the Indian Penal Code was inserted in the year 2013 after the offences in relation to acid attack were at their peak. The essential ingredients of this section include the causing of a permanent or partial damage or deformity or burns or maims or disfigures or disables to any part of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt. Therefore, body pain is not included in the definition of the offence under Section 326 A.
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