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Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Judiciary Exams MCQ


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30 Questions MCQ Test - Bihar Judicial Services (Prelims Paper - II) Mock - 2

Bihar Judicial Services (Prelims Paper - II) Mock - 2 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Bihar Judicial Services (Prelims Paper - II) Mock - 2 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Bihar Judicial Services (Prelims Paper - II) Mock - 2 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 - 2 below.
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Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 1
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A Hindu dies intestate leaving behind two sons, one daughter and widow. His property shall devolve to

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 1
As per Section 10 read with Section 8 of the Hindu Succession Act, 1956, all will be entitled to take the share since all are class I heirs. Thus, all of them will inherit simultaneously because all of them are heirs in class I of the schedule.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 2
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Law of tort has developed mainly through

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 2
The law of tort is based on the principles of 'common law' which is mainly the English law of torts. The application of the law of tort is applied selectively in Indian Courts keeping in mind if it suits the circumstances of Indian society. The origin of tort law is in UK where this law is developed only through decisions of the Courts.
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Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 3
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Gap between two annual general meetings should not exceed

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 3
As per section 96 of Companies Act, 2013, Following are the key provisions regarding the holding of an annual general meeting.
(1) Annual general meeting should be held once every year.
(2) First annual general meeting of the company should be held within 9 months from the closing of the first financial year.
(3) Subsequent annual general meeting of the company should be held within 6 months from the closing of the financial year.
(4) The gap between two annual general meetings should not exceed 15 months.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 4
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Ulterior intent is:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 4
Ulterior intent is an element of the mens rea for certain crimes that requires an intention to bring about a consequence beyond the criminal act. The intention is the basic element for making a person liable for the crime, which is commonly contrasted with motive. Though we often use the two terms interchangeably, these are different in the eyes of law. While intention means the purpose of doing something, motive determines the reason for committing an act.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 5
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Statement recorded during investigation under Section 161 of CrPC can be used during trial
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 5
Statement recorded under Section 161 of CrPC can be used at any inquiry or trial in respect of the offence under investigation in the manner laid down in the proviso to Section 162(1).Section 162 of the Code of Criminal Procedure (for short the Code) interdicts the use of any statement recorded under Section 161 of the Code except for the limited purpose of contradicting the witness examined in the trial to whom such statement is attributed.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 6
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What is the meaning of the maxim equity acts in personam?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 6
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 7
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Which of the following is/are not form(s) of damnum sine injuria?

(a) There is no right of action for damages for contempt of court.
(b) Loss inflicted on individual traders by competition.
(c) Damage done by a man acting under necessity to prevent a greater evil.
(d) Damage caused by defamatory statements made on any occasion.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 7
Damnum sine injuria is a latin term that literally means condemnation without injury. Simply translated, the term would mean legal injury with no damages. Damnum sine injuria refers to a legal situation in which plaintiff's right is not respected by another, but where the breach of plaintiff's right does not cause damage, or at least not a calculable or admissible damage. A finding of damnum sine injuria can be the basis for a finding of nominal damages. Thus, in cases of damnum sine injuria, the injury is de minimis i.e. too small to be remedied practically at the law. In such cases, the plaintiff will have a satisfaction remedy of nominal damages - which are also called symbolic damages. (a) and (c) are the acts which are covered under damnum sine injuria.
But, (b) and (d) are the acts where damages can be claimed because they cause injury as well as financial loss.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 8
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In Evidence Act, confession is defined under
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 8
The word confession appears for the first time in Section 24 of the Indian Evidence Act. This section comes under the heading of Admission, so it is clear that the confessions are merely one species of admission. Confession is not defined in the Act. Mr. Justice Stephen in his Digest of the law of Evidence defines confession as confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 9
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A phrase which finds a place in Sec. 27 Evidence Act is
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 9
Sec. 27 of the Evidence Act says that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. Thus, option 2 is correct answer option.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 10
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Who of the following may order for maintenance of wives, children and parents under Cr. P.C. 1973?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 10
Magistrate of the 1st class is empowered to deal with the proceedings relating for maintenance of wives, children and parents under Section 125 of Cr.P.C. The provision reads as: A Magistrate of 1st class may, upon proof of such neglect or refusal, order such a person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such the Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 11
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How does a Muslim mother lose her right of Hizanat (custody)?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 11
All the schools of Muslim law also agree that a hazina will forfeit her right of hizanat in any of the following cases:
(a) By her apostasy,
(b) By her marriage to a person not related to the child within the degrees of prohibited relationship,
(c) By her misconduct, such as negligence or cruelty towards the child, and
(d) By her going away and residing, during the subsistence of marriage, at a distant place from father's place of residence.
Thus, all of the above are correct.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 12
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Who of the following cannot create a trust?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 12
Settlor of the trust is the person who intends to form the trust for the benefit of beneficiaries. Legally speaking, any person who is competent to enter into a contract can be a settlor. A settlor has the right to appoint the trustees, at least the 'first ones' during the formation of the trust. Thus, a minor cannot create a trust.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 13
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A proposal when accepted becomes
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 13
The Indian Contract Act, 1872 defines acceptance in Section 2 (b) as when the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus, the proposal when accepted becomes a promise.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 14
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Mark the incorrect statement.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 14
As per section 26 of Contract Act, every agreement in restraint of the marriage of any person, other than a minor, is void. So, the statement is incorrect.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 15
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Evidence of 'character' includes evidence of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 15
The explanation annexed to Section 55 of the Indian Evidence Act explains that ''character'' includes both reputation and disposition, and disposition here refers to general disposition and reputation is the general reputation.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 16
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Which of the following statements is not correct according to the provisions of the Indian Evidence Act?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 16
Section 62 of the Indian Evidence Act defines 'primary evidence'.
The following statements are correct as per Section 62 of the Act:
- Primary evidence means document itself produced for the inspection by the court.
- Explanation to this section provides that where a document is executed in several parts, each part is primary evidence of the document.
- Where a document is executed in counterparts, each counterpart is primary evidence as against the parties executing it.
So, it nowhere states that where a document is executed in counterparts, each counterpart is primary evidence for the parties executing it.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 17
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In whose custody, the Muslim illegitimate children will be kept?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 17
An illegitimate child is a child whose parents were not married to each other at the time of his/her birth.
In Muslim Law, an illegitimate child is considered as 'a child of nobody'. The father's right of guardianship extends only to his minor legitimate children. He is not entitled to the guardianship or the custody of his illegitimate minor children. The mother is also not a natural guardian, even of her illegitimate minor children but she is entitled to their custody.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 18
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Res ipsa loquitur is a rule of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 18
As per this rule, in a tort lawsuit a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. In res ipsa loquitur, the elements of duty of care, breach, and causation are inferred from an injury that does not ordinarily occur without negligence. Therefore, Res ipsa loquitur is a rule of evidence law.
Section 106 of the Indian Evidence Act, 1872 contains the rule of 'Res ipsa loquitur'.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 19
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An order or direction given by the court which passed the decree to a court which would be competent to execute the decree, to attach any property belonging to the judgement-debtor is called
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 19
According to Section 46 of the CPC, 'precept' means a command, an order, a writ, or a warrant. A percept is an order or direction given by the court which passed the decree to a court which would be competent to execute the decree, to attach any property belonging to the judgement-debtor.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 20
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Who among the following is empowered to try the offence relating to dishonour of cheque for insufficiency, etc. under the Negotiable Instruments Act, 1881?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 20
Judicial Magistrate of First Class is empowered to try the offence under Section 138 of the Negotiable Instruments Act. According to Section 143 of the Negotiable Instruments Act, all such offences shall be tried by a Judicial Magistrate of First Class or by a Metropolitan Magistrate.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 21
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In which of the following cases the consensus of the majority of the judges was that the basic structure of the constitution could not be destroyed or damaged by amending the constitution in exercise of the power under the Article 368 of the Indian Constitution?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 21
As per the ruling given under the famous Golak Nath case, the Court developed jurisprudence around what was known as the basic structure doctrine. According to this doctrine, the Court was in charge of preventing the erosion of those enduring values that constitute the essence of constitutionalism and also the basic structure of the constitution could not be destroyed or damaged by amending the constitution in exercise of the power under the Article 368 of the Indian Constitution.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 22
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In case of default by a joint promisor, the promisee
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 22
The answer to this can be found under Section 43 of the Contract Act. It states that when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of such joint promisors to perform the whole of the promise. The liability in a joint contract is joint and any one of the joint promisors can discharge the whole contract.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 23
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Protection in respect of conviction for offences' is the essence of which of the following Articles of the Indian Constitution?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 23
Article 20 deals with 'protection in respect of conviction for offences'. It states that a person shall not be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence and that a person shall not be prosecuted and punished for the same offence more than once.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 24
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A fact when it is neither proved nor disproved is said to be:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 24
As per the interpretation clause under the Indian Evidence Act, a fact is said to be not proved when either its existence nor its non existence is proved. It also indicates a state of mind in between the two, that is one cannot say whether a fact is proved or disproved.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 25
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Which one of the following Sections of the Hindu Marriage Act deals with void marriages?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 25
Section 11 of the Hindu Marriage Act deals with void marriages. It state that any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) [Marrying during life time of spouse], (iv) [the parties are not within the degrees of prohibited relationship] and (v) [the parties are not sapindas of each other] of Section 5 of this Act.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 26
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A Muslim illegitimate child is kept in the custody of:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 26
An illegitimate child is a child whose parents were not married to each other at the time of his/her birth. The principle on which Muslim Law is based is the notion that an illegitimate child is a child of nobody. The father is not entitled to the guardianship or the custody of his illegitimate minor children. However, the mother is also not a natural guardian, even of her illegitimate minor children, but she is entitled to their custody.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 27
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Where the trust property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on the specified securities and on no others. Which Section of the Indian Trusts Act, 1882 contains this provision?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 27
Section 20 of the Indian Trust Act states that securities such as promissory notes, debentures, stock or other securities, bonds, debentures and annuities or a first mortgage of immovable property situated in any part of the territories to which this Act extends, are some securities in which the trustee can invest when the trust property consists of money and cannot be applied immediately or at an early date to the purposes of the trust.
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 28
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Which Section of the Specific Relief Act deals with 'contracts not specifically enforceable'?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 28
Section 14 of the Specific relief Act deals with contracts which are not specifically enforceable. The Section underwent a holistic change after the 2018 amendment and included "substituted contracts cannot be specifically performed".
Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 29
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Choose the function which cannot be delegated under the administrative law.
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 29

Legislation by the executive branch or a statutory authority or local or other body under the authority of the competent legislature is called Delegated legislation. It permits the bodies beneath parliament to pass their own legislation, that is to say, it is legislation made by a person or body other than Parliament. Out of various powers which come impliedly when delegation takes place, the power to give retrospective effect to any Act is not within its functions.

Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 30
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The Companies Act, 2013 has provided that in listed companies, appointment of independent directors is mandatory and the independent directors will be appointed from the list
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 2 - Question 30
An individual who is eligible and willing to act as independent directors is required to be selected from a data bank as prescribed by the Central Government under rule 6 of the Companies (Appointment and Qualification of Directors) Rules, 2014.
Independent directors serve as an important institution of corporate governance contributing significantly at the boards by bringing a diverse set of skills with an independent judgement on the significant issues. Independent directors need to act as the custodians of good governance by discharging monitoring and advisory role effectively.
They need to act in the interest of the company and the interest of all stakeholders.
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