Delhi Judiciary Prelims Examination 2010 Solved Paper | Delhi Judiciary Prelims Solved Papers PDF

1. If his temperature rises
2. If his temperature would rise
3. If his temperature shall rise
4. Unless his temperature rises.

Answer: (a)

96. Direction (Question 96-100): Read the following passage carefully and choose the best answer to each question given below it.

Despite the limitations of these various forms of mathematics, they made possible great advances in knowledge, particularly in geometry – the language of shape – and its many applications in astronomy, navigation, and mechanics. Here the most impressive advances were made by the Greeks and by their colleagues in Alexandria. Only the Bible has appeared in more editions and printings than Euclid’s most famous book, Elements.

Still, the greatest contribution of the Greeks was not in scientific innovation. After all, the temple priests of Egypt and Babylonia had learned a good bit about geometry long before Euclid came along. Even the famous theorem of Pythagoras – the square of the hypotenuse of a right triangle is equal to the sum of the squares of the other two sides – was in use in the Tigris – Euphrates valley as early as 2000 BC.

The unique quality of the Greek spirit was the insistence on proof. ‘Why?’ mattered more to them than ‘What?’ The Greeks were able to reframe the ultimate questions because theirs was the first civilization in history to be free of the intellectual straitjacket imposed by an all-powerful priesthood. This same set of attitudes led the Greeks to become the world’s first tourists and colonizers as they made the Mediterranean basin their private preserve.

More worldly as a consequence, the Greeks refused to accept at face value the rules of thumb that older societies passed on to them. They were not interested in samples; their goal was to find concepts that would apply everywhere, in every case. For example, mere measurement would confirm that the square of the hypotenuse of a right triangle is equal to the sum of the squares of the other two sides. But the Greeks asked why that should be so, in all right triangles, great and small, without a single exception to the rule. Proof is what Euclidean geometry is all about. And proof, not calculation, would dominate the theory of mathematics forever after.

This radical break with the analytical methodologies of other civilizations makes us wonder again why it was that the Greeks failed to discover the laws of probability, and calculus, and even simple algebra. Perhaps, despite all they achieved, it was because they had to depend on a clumsy numbering system based on their alphabet. The Romans suffered from the same handicap. As simple a number as 9 required two letters; IX. The Romans could not write 32 as HI II, because people would have no way of knowing whether it meant 32, 302, 3020, or some larger combination of 3, 2, and 0. Calculations based on such a system were impossible.

But the discovery of a superior numbering system would not occur until about 500 AD, when the Hindus developed the numbering system we use today. Who, contrived this miraculous invention, and what circumstances led to it spread throughout the Indian subcontinent, remains mysterious. The Arabs encountered the new numbers for the first time some ninety years after Prophet Mohammed established Islam as a religion.

The greatest contribution of the Greeks was in:

1. Scientific innovation
2. Geometry
3. The insistence on proof
4. Becoming the world’s first tourists and colonizers.

Answer: (b)

97. The Greek’s main interest lay in:

1. Seeing and conquering the world
2. Making the Mediterranean basin their private preserve
3. Geometry
4. Finding universal concepts.

Answer: (d)

98. The Greeks were able to give importance to the question ‘Why?’ because:

1. Theirs was the first civilisation not to be overwhelmingly dominated by the priesthood
2. They had seen more of the world through tourism and conquest
3. They believed in observation and measurement
4. They developed a robust number system.

Answer: (a)

99. The author is surprised by the lack of advances made by the Greeks in:

1. Temple architecture
2. Simple algebra
3. Geometry
4. Establishing the method of proof in the theory of mathematics.

Answer: (b)

100. The author speculates that the Greeks did not make significant advances in certain areas of mathematics because:

1. They had no proof much of the time
2. They did not have the concept of zero
3. Of their clumsy numbering system
4. All of the above.

Answer: (c)

101. Which of the following is not an essential condition for the applicability of the rule of sub judice?

1. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit
2. Both the suits must be between the same parties or their representatives
3. Such parties must be litigating under the same title in both the suits
4. The subject matter and the cause of action should be the same in both the suits.

Answer: (d)

102. A alleging that he is the adopted son of X, sues B to recover certain property granted to him by X, under a deed and forming part of X’s estate. The court finds that A is not the adopted son of X, but he is entitled to the property under the deed and a decree is passed for A. The finding that A is not the adopted son of X:

1. Will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue
2. Will operate as res judicata in a subsequent suit between A and B
3. Depends on the court’s discretion
4. None of the above.

Answer: (b)

103. In which of the following cases, the doctrine of constructive res judicata is not applicable?

1. A sues B on a contract and obtains a decree. B afterwards sues for rescission of the contract on the ground that it did not fully represent the agreement between the parties
2. A sues B for possession of certain property alleging that it has come to his share on partition of Joint Family Property. B’s contention that the partition has not taken place is upheld and the suit is dismissed. A subsequent suit was filed by A against B for partition of Joint Family Property
3. A files a suit against B to recover money on a pro-note. B contends that the promissory note was obtained from him by undue influence. The objection is overruled and the suit is decreed. B challenges the promissory note on the ground of coercion and fraud in a subsequent suit
4. All of the above.

Answer: (b)

104. Mark the incorrect statement.

1. The court must be competent to try the suit at the time of filing of the suit. Subsequent change in value does not affect the jurisdiction
2. It is the plaintiff’s valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be passed by the court
3. If the pecuniary jurisdiction of the court is Rs. 10,000 and the plaintiff files a suit for accounts and finally the court finds on taking the account that Rs. 15,000 are due, the court is not deprived of its jurisdiction to pass a decree for that amount
4. If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court.

Answer: (d)

105. X is living in Pune and Y, his brother in Mumbai. X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.

1. The suit may be instituted in Delhi only
2. The suit may be instituted in Bangalore only
3. The suit may be instituted either in Delhi or Bangalore
4. None of the above.

Answer: (c)

106. Mark the incorrect statement.

1. A suit for accounts of dissolved partnership may be instituted either where the contract of partnership was entered into or where the business of partnership was carried on
2. A suit for dissolution of partnership carried on in a foreign country is maintainable in India if the parties are resident there
3. The proper forum in the case of an ordinary agent is the place where the contract of agency was made or the place where accounts are to be rendered and payment is to be made by the agent
4. None of the above.

Answer: (b)

107. When an objection as to non-joinder or misjoinder of parties is upheld by the court:

I. The court may deal with the matter in controversy as regards the rights and interests of the parties actually before it.

II. The court should dismiss the suit.

III. The court may allow the amendment of the plaint viz. striking out the names of such persons as having been improperly joined as plaintiffs or defendants.

Codes:

1. I only
2. II only
3. III only
4. I and III.

Answer: (d)

108. Mark the incorrect statement in context of a representative suit.

1. If the person suing or defending does not proceed with due diligence, the court can substitute in his place any person having the same interest in the suit
2. The suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested
3. Any decree passed in such a suit is binding on all the persons interested
4. Res judicata is not applicable to such a suit.

Answer: (d)

109. In which of the following cases, amendment of pleadings could be allowed:

I. To introduce a new or inconsistent cause of action.

II. To take away a right of the defendant which has accrued to him by lapse of time.

III. For granting relief on the basis of different approaches to the same facts.

IV. Amendment taking note of subsequent events.

Codes:

1. I and II
2. I and IV
3. II and IV
4. III and IV.

Answer: (d)

110. Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to his agent, he must require such a person to sign an acknowledgment of service to be endorsed on the original summons. Then:

1. The copy of the summons will be delivered to the defendant
2. The original summons with the defendant’s signature thereon, will be returned to the court
3. Both a and b
4. The original summons with the defendant’s signature thereon, will be returned to the plaintiff.

Answer: (c)

111. No one can be ordered to attend in person to give attendance in a civil suit, unless he:

1. Resides within the local limits of the court’s ordinary original jurisdiction
2. Resides outside the local limits of the court’s ordinary original jurisdiction but at a place less than 100 km distance from the court house
3. Both a and b
4. None of the above.

Answer: (c)

112. Mark the incorrect proposition:

I. Set-off is a statutory defence to a plaintiff’s action, whereas a counter-claim is a cross-action.

II. Set-off and counter-claim arises out of the same transaction.

III. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.

IV. Claim for set-off cannot exceed plaintiff’s claim, whereas counter-claim can exceed the plaintiffs claim.

v. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

Codes:

1. I only
2. II only
3. III and V
4. IV only.

Answer: (b)

113. Mark the correct statement.

1. The questions which are put only to test the credibility of a person will not be allowed as interrogatories, although they maybe asked in cross-examination
2. Interrogatories can be administered only to a party to a suit and not to a witness, whereas cross-examination can be of any person, parties and witness alike
3. A party filing affidavit in reply to interrogatories can neither cross-examine nor adduce evidence to contradict it, as it is a conclusive proof
4. All of the above.

Answer: (d)

114. A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:

I. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.

II. Where neither the plaintiff nor the defendant appears.

III. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.

IV. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

Codes:

1. I, II and III
2. I, III and IV
3. II, III and IV
4. All of the above.

Answer: (d)

115. “In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1/3/1993. The court consequently on 1/3/1993 passed an ex parte order against B and listed the case for 3/4/1993 for ex parte evidence of A.

1. B can participate in further proceedings of the case
2. B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance
3. Both a and b are correct
4. Both a and b are incorrect.

Answer: (c)

116. “Mark the incorrect statement in relation to Order 23 of Code of Civil Procedure, 1908.

1. At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim
2. If a plaintiff withdraws from a suit without the court’s permission, he is precluded from instituting a fresh suit against the same defendant in respect of the same subject matter
3. If the court is satisfied that a suit must fail by reason of some formal defect or there are other sufficient grounds, it may allow the withdrawal from suit
4. When there are several plaintiffs, the court can allow one of them to withdraw, even if the other co-plaintiffs do not consent to such withdrawal.

Answer: (d)

117. Compensatory costs can be imposed:

1. If the claim (or defence) is false or vexatious and subsequently disallowed or withdrawn
2. If objection to the false or vexatious claim or defence has been taken by the party at the earliest opportunity
3. Both a and b are correct
4. Both a and b are incorrect.

Answer: (c)

118. Where any party dies after conclusion and before pronouncing of judgment:

1. The suit shall abate
2. The suit shall not abate
3. The suit shall not abate if cause of action survives
4. It will be deemed that judgment has been pronounced after death of a party.

Answer: (b)

119. A relief of injunction may be refused on the ground of:

1. Laches or acquiescence
2. The applicant has not come with clean hands
3. Where monetary compensation is adequate relief
4. All of the above.

Answer: (d)

120. Where it appears to the court that elements of an acceptable settlement exist, the court may refer it to:

1. Arbitration/conciliation/mediation
2. Judicial settlement, including that through Lok Adalat
3. Both a and b
4. None of the above.

Answer: (c)

121. Mark the correct statement.

1. Evidence excluded by the Evidence Act is inadmissible even if it seems essential for ascertainment of truth
2. Parties cannot contract themselves out of the provisions of the Act
3. A court cannot on the ground of public policy, exclude evidence relevant under this Act
4. All of the above.

Answer: (d)

122. A is accused of a child’s murder. The following facts are constructed in the case:

I. An hour before the murder, A went to the place of murder with the child.

II. A alone returned home.

III. Collar of A’s shirt found to be blood-stained.

The evidence which takes into account the above-mentioned facts is called:

1. Direct evidence
2. Circumstantial evidence
3. Real evidence
4. Secondary evidence.

Answer: (b)

123. Mark the incorrect statement.

1. The terms ‘relevancy’ and ‘admissibility’ are co-extensive or interchangeable terms
2. All admissible evidence is usually relevant, but all relevant evidence is not admissible
3. Relevancy is the genus of which admissibility is a species
4. Relevancy and admissibility are neither synonymous nor is the one included in other.

Answer: (a)

124. The question is, whether A owes B Rs. 10,000. The facts that A asked C to lend him money, and D said to C in A’s presence and hearing – “I advise you not to trust A, for he owes B Rs. 10,000”, and that A went away without making any answer is a:

1. Relevant fact
2. Irrelevant fact
3. Fact in issue
4. None of the above.

Answer: (a)

125. A and B were prosecuted for conspiracy for bribing a police officer. A came to the police station and offered an Inspector packet of currency notes. He told the inspector that B had sent the money as a consideration for hushing up the case against him. The offer of money and the accompanying statement made by A were relevant against:

1. A only
2. B only
3. Both a and b
4. None of the above.

Answer: (c)

126. Admissions by agents are:

1. Always admissible in civil proceedings
2. Admissible in civil proceedings only if the agent has the authority to make admissions
3. Not admissible in criminal proceedings
4. Both b and c.

Answer: (d)

127. Telling his wife that P’s wife had called him to receive payments due to him, K leaves his house. After two days, his dismembered body is found in a trunk. In P’s trial for murder of K, the statement made by K to his wife is:

1. Inadmissible
2. Partly admissible
3. Inadmissible as it does not directly relate to K’s death
4. Admissible as it relates to the circumstance of the transaction which resulted in K’s death.

Answer: (d)

128. If X is charged with Y’s murder, which of the following will be hearsay evidence?

1. Z, in his evidence, states that “I saw X stabbing Y with a knife”
2. Evidence of A that “Z told me that he had seen X stabbing Y”
3. Both a and b
4. None of the above.

Answer: (b)

129. If on the carbon copies of a letter written on a typewriter, signature have been put on the first letter then other copies:

1. Will also be primary evidence
2. Will be secondary evidence
3. Will be no evidence
4. None of the above.

Answer: (b)

130. If no attesting witness can be found it must be proved that:

1. Attestation of one attesting witness at least is in his handwriting
2. Signature of the person executing the document is in the handwriting of that person
3. Both a and b
4. None of the above.

Answer: (c)

131. X sues Y for money due on a bond. The execution of the bond is admitted, but Y says that it was obtained by fraud, which X denies. The burden of proof is on:

1. Y
2. X
3. The State
4. X and Y both.

Answer: (a)

132. In which of the following cases, the court may presume under Section 114:

1. That a man in possession of stolen goods after the theft is either the thief or has received the goods knowing them to be stolen
2. That judicial and official acts have been regularly performed
3. That evidence which could be and is not produced would, if produced, be unfavourable to the person withholding it (e.g. the police withholding a piece of evidence)
4. All of the above.

Answer: (d)

133. Which of the following is an exception to the doctrine of estoppel?

1. Where a minor represents fraudulently or otherwise that he is of age and thereby induces another to enter into a contract with him
2. When true facts are known to both the parties
3. When the representation is against the statute
4. All of the above.

Answer: (d)

134. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterward becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.

1. A must not be allowed to prove his want of title
2. A must be allowed to prove his want of title
3. The court will decide
4. None of the above.

Answer: (a)

135. A local development authority announced a housing scheme and accepted applications under it, subsequently finding that the scheme was in violation of the Master Plan canceled it.

1. It is free to do so without any shackles of promissory estoppel
2. It is not free to do so due to promissory estoppel
3. It is free to do so without any shackles of promissory estoppel as there cannot be any estoppel against the Government in the exercise of its sovereign, legislative and executive functions
4. None of the above.

Answer: (c)

136. Which is the most appropriate definition in relation to a hostile witness? A hostile witness:

1. Is one who from the manner in which he gives the evidence shows that he is not desirous of telling the truth to the court
2. Is a witness who is gained over by the opposite party
3. Is one called by a party to prove a particular fact, who fails to prove such fact or proves an opposite fact
4. Is one who is not produced out of the fear that he might disfavour the party who has to produce him.

Answer: (a)

137. Confession of a co-accused, not required to be on oath and cannot be tested by cross-examination:

I. Is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction.

II. The only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists.

III. It is a very weak type of evidence and is much weaker even than the evidence of an approver.

In the aforesaid propositions:

1. All I, II & III are correct
2. Only I & III are correct
3. Only I & II are correct
4. Only II & III are correct.

Answer: (d)

138. A disputed handwriting can be proved:

1. By calling an expert
2. By examining a person acquainted with the handwriting of the writer of the questioned document
3. By comparison of the two-admitted & disputed
4. All of the above.

Answer: (d)

139. Cross-examination of a witness:

1. Must relate to relevant facts and has to be confined to what the witness testified in examination-in-chief
2. Must relate to relevant facts but need not be confined to what the witness testified in examination-in-chief
3. May not relate to relevant facts but must relate to what the witness testified in examination-in-chief
4. May not relate to relevant facts & may not be confined to what the witness testified in examination-in-chief.

Answer: (b)

140. After re-examination of a witness, the adverse party has a:

1. Right to further cross-examine the witness afresh in general
2. Has no right to further cross examine the witness
3. Right to further cross-examine the witness only when a new is introduced in the re-examination
4. Either a or b.

Answer: (c)

141. Which of the following is not an essential search-procedure under Section 100 of the Code of Criminal Procedure, 1973?

1. Joining of two independent and respectable inhabitants of the locality in the search as witnesses
2. Signing of search-memo by the witnesses to search
3. Attendance of occupant of the place during the search
4. Signature of the accused on the search-list.

Answer: (d)

142. In relation to First Information Report, which of the following statements is not correct?

1. It is not substantive evidence
2. It merely marks the beginning of the investigation
3. It cannot be used as a previous statement for any purpose
4. The informant need not be an eye-witness.

Answer: (c)

143. If two or more courts (not subordinate to the same High Court) have taken cognizance of the same offence, and a question arises as to which of them ought to inquire, the question is to be decided by:

1. The Court in which proceedings first commenced
2. The High Court within the local limits of whose appellate criminal jurisdiction the proceedings first commenced
3. The Supreme Court
4. All of the above.

Answer: (b)

144. Under Section 198 of the Code of Criminal Procedure, 1973, no court can take cognizance of an offence against marriage (punishable under Chapter XX, IPC) unless a complaint is made by:

1. The police
2. The wife/husband
3. Some person who is aggrieved by the offence
4. All of the above.

Answer: (c)

145. If it appears to the Magistrate that the offence complained of is triable exclusively by the Sessions Court, he, under Sec. 202 of the Code of Criminal Procedure, 1973, postponing the issue of process against the accused:

1. Shall commit the case to Sessions Court
2. May direct an investigation to be made by a police officer
3. Shall call upon the complainant to produce all his witnesses and examine them on oath
4. Shall return the complaint for presentation before the Sessions Court.

Answer: (c)

146. In which of the following cases, an error or omission in charge is not material?

1. A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction
2. A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence
3. Both a and b
4. None of the above.

Answer: (a)

147. Whenever a charge is altered or added to by the court after the trial has commenced:

1. The prosecution has a right to recall or re-summon any witness who has already been examined
2. The accused has no right to recall or re-summon any witness who has already been examined
3. The prosecution has no right to call any further witnesses
4. All of the above.

Answer: (a)

148. A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. He is only charged with theft but it appears that he committed the offence of criminal breach of trust. He may be:

1. Acquitted
2. Convicted to theft
3. Convicted of criminal breach of trust
4. Discharged.

Answer: (c)

149. If the complainant is absent on the day fixed for the hearing of the warrant case, the Magistrate may discharge the accused if:

1. The proceedings have been instituted upon complaint
2. The offence is non-cognizable or compoundable
3. The charge has not been framed
4. All of the above.

Answer: (d)

150. Under Section 313 of the Code of Criminal Procedure, 1973:

1. No oath shall be administered to the accused when he is examined
2. The accused shall render himself liable to punishment by refusing to answer questions, or by giving false answers to them
3. The answers given by the accused cannot be taken into consideration and put in evidence for or against him in any other inquiry/trial for any other offence
4. Every error or omission in complying with Sec. 313 necessarily vitiates the trial.

Answer: (a)

151. Mark the incorrect statement.

1. Section 319 of the Code of Criminal Procedure, 1973 could not be invoked where the trial has not begun and no evidence has been recorded
2. The power to proceed against a person not named as an accused is to be exercised sparingly and for compelling reasons
3. The provisions of Section 319 of the Code of Criminal Procedure, 1973 applies to all the courts including a Sessions Court
4. None of the above.

Answer: (d)

152. When the person who would otherwise be competent to compound an offence under Section 320 of the Code of Criminal Procedure, 1973 is dead, then:

1. Offence cannot be compounded
2. Offence can be compounded by any of the eye-witnesses
3. Legal representative of such person can compound the offence without the consent of the court
4. Legal representative of such person can compound the offence with the consent of the court.

Answer: (d)

153. Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty, and that he ought to receive a severe punishment then such Magistrate is empowered to inflict, the Magistrate may forward the case to:

1. Sessions Judge
2. Chief Judicial Magistrate
3. District Magistrate
4. Concerned police station.

Answer: (b)

154. When can a trial court release an accused on bail under Section 389 (C) of the Code of Criminal Procedure, 1973 after conviction?

1. Where accused is on bail and imprisonment is not exceeding 3 years
2. Where accused is on bail and imprisonment is not exceeding 5 years
3. Where accused is on bail and imprisonment is not exceeding 7 years
4. Where offence is exclusively bailable whether accused is on bail or not.

Answer: (a)

155. Assertion (A): Bail, not jail, is the general rule in bailable offence in India.

Reason (R): Personal liberty is the most cherished right of a human being.

Codes:

1. Both A and R are individually true and R is the correct explanation of A
2. Both A and R are individually true but R is not the correct explanation of A
3. A is true but R is false
4. A is false but R is true.

Answer: (a)

156. Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I

1. Summary trial
2. Bail
3. Search warrant
4. Judgment

List-II

1. Release from prison
2. A written authority to a police officer
3. Conviction or acquittal
4. Speedy disposal of petty cases

Codes:

1. A-2, B-1, C-4, D-3
2. A-4, B-3, C-2, D-1
3. A-2, B-3, C-4, D-1
4. A-4, B-1, C-2, D-3.

Answer: (d)

157. The liability of a surety under the surety bond is:

1. Mutually exclusive of the liability of the accused under his personal bond
2. Contingent on the liability of the accused under his personal bond
3. Limited to the amount of the surety bond
4. Both a and c.

Answer: (d)

158. In computing the period of limitation, the time during which:

1. Any person has been prosecuting with due diligence another prosecution in any court against the offender shall be excluded
2. The period during which an offender is absent from India shall be excluded
3. The period during which an offender is absconding/concealing himself, is excluded
4. All of the above.

Answer: (d)

159. In a joint trial where several accused persons are being tried, one accused examines himself as a witness, now:

1. All the other co-accused, if there are more than one co-accused other than the accused, examining himself as a witness, have a right to cross-examine that accused, as a matter of right
2. All the other co-accused have a right to cross-examine that accused if the accused examining himself deposing something against one of the co-accused
3. Only that co-accused has a right to cross-examine the accused examining himself as witness, against whom such an accused has deposed something
4. The co-accused do not have any right at all to cross-examine, the accused examining himself as a witness under any circumstances.

Answer: (c)

160. Period of limitation shall commence:

1. From the date of the offence generally
2. From the date of knowledge of the commission of the offence if not known earlier
3. From the date of establishment of the identity of the accused if not known at the time of commission of the offence
4. All of the above.

Answer: (d)

161. Consider the following statements with regard to “uberrima fides”:

1. It falls within a class of cases, which require utmost good faith.
2. Every contract is a contract “uberrima fides”.
3. Contract of insurance is an example of “uberrima fides”.

Of these statements:

1. 1, 2 and 3 are correct
2. 1 and 3 are correct
3. 2 and 3 are correct
4. 1 and 2 are correct.

Answer: (b)

162. ‘A’ by a letter offers to sell his car to ‘B’ for Rs. 75,000-. At the same time, ‘B’ by a letter, which crosses the above letter while in post, offers to buy the car for Rs. 75,000/-. In this context, which one of the following propositions is correct?

1. A contract is concluded when these two letters cross each other in post
2. A contract is concluded when the letter posted by ‘A’ reaches ‘B’
3. No contract is concluded at any time
4. A contract is concluded only when the letter posted by ‘B’ reaches ‘A’.

Answer: (c)

163. X duly posts a letter of acceptance to Y. But the letter is lost in transit by the negligence of the post office.

1. There is no contract concluded, because the acceptance has not reached the proposer
2. There is no contract concluded, because the proposer had not received the letter
3. The contract is concluded, because the acceptance is complete, from the date of dispatch, notwithstanding any delay or miscarriage in its arrival from causes not within the acceptor’s control
4. None of the above.

Answer: (c)

164. A in an offer to sell a property, gave B the right to accept within 14 days. The next day at about 3.50 p.m., B sent by post his letter of acceptance, which was received by A’s office at 8.30 p.m. But before that at about 1 p.m., A had posted a letter revoking his offer. The revocation and the acceptance crossed in the course of post. B received the letter of revocation at 5.30 p.m.

1. Revocation has been effectively made
2. Revocation has not been effectively made
3. It is a case of cross-offer, so no contract can be said to be concluded
4. None of the above.

Answer: (b)

165. Consideration is:

1. A motive for any promise.
2. A price for any promise.
3. Only a moral obligation.
4. Something of value in the eye of law.

Of these statements:

1. 1, 2 and 3 are correct
2. 1 and 4 are correct
3. 2 and 4 are correct
4. 3 alone is correct.

Answer: (c)

166. A daughter promises to give maintenance to her uncle in consideration of her mother making a gift of certain properties to her. The daughter pleads lack of consideration when the uncle seeks to enforce the contract. She says that the uncle is a stranger to the consideration and so he cannot enforce the contract. The daughter:

1. Will succeed because the uncle being a stranger to the consideration cannot enforce it
2. Will not succeed because the uncle is a near relation and in such cases consideration is not necessary
3. Cannot succeed because according to the Indian Contract Act consideration might move from any person
4. Will succeed because the uncle is a stranger to contract.

Answer: (c)

167. The mother owes Rs. 10,000 to her daughter. But the Limitation Act has barred this debt. The mother signs a written promise to pay Rs. 3,000 on account of the debt. In this case which one of the following is correct?

1. There is no contract as the debt is already barred by limitation and so it cannot be revived by a subsequent promise
2. There is no contract because the mother has promised to give only a part of the debt
3. This is a contract because there is a natural love and affection relation and the promise is in writing and signed
4. This is enforceable against the mother because such a promise is valid and binding under the Indian Contract Act.

Answer: (d)

168. Which one of the following does not amount to fraud?

1. Suggestion as a fact of that which is not true by one who does not believe it to be true
2. Active concealment of fact
3. A representation made without knowing it to be false, honestly believing it to be true
4. A promise without any intention of performing it.

Answer: (c)

169. A offers to sell B a painting, which A knows, is a “copy” of a well-known masterpiece. B thinking that the painting is an “original” one and that A must be unaware of this, accepts A’s offer.

1. The contract is invalid
2. The contract is a valid one, because a unilateral mistake will not make a contract invalid
3. The contract is valid, because there is no misrepresentation
4. None of the above.

Answer: (b)

170. Which of the following is not an agreement in restraint of trade?

I. A sells the goodwill of his business with an agreement not to carry on a similar business within specified local limits, so long as the buyer carries on a similar business.

II. A sells the goodwill of his business with an agreement not to carry on a similar business within India, so long as the buyer carries on a similar business.

III. A sells the goodwill of his business with an agreement not to practice the same trade for 25 years.

IV. A sells the goodwill of his business with an agreement not to engage in any business competing or liable to compete in any way with the business for the time being carried on by the buyer.

1. I, III and IV
2. II, III and IV
3. III and IV
4. I and III.

Answer: (d)

171. A promises to paint a picture for B by a certain day at a certain price. A dies before the day.

1. The agreement does not lapse and can be confirmed by or against the legal representatives of A
2. The agreement becomes voidable at the option of A’s legal representatives
3. The agreement lapses for both the parties
4. The agreement becomes unlawful.

Answer: (c)

172. ‘X’ agreed to supply 1,000 tons of iron at Rs. 100 per ton to ‘Y’ to be delivered not later than 31/1/2002. ‘X’ also entered into a contract with ‘A’ for purchase of 1,000 tons of iron at Rs. 80 per ton telling ‘A’ clearly that the iron is needed before 31/1/2002 for supply to ‘Y’ to fulfil the contract with Y. ‘A’ fails to supply the iron to ‘X’ who in turn failed to supply the same to ‘Y’. In an action by ‘X’ against ‘A’:

1. ‘X’ can recover damages for the loss of profit at the rate of Rs. 20 per ton i.e., the loss of profit
2. ‘X’ can recover damages for the loss or profit he would have earned by timely supply to ‘Y’ and also the damages which ‘X’ might have paid to ‘Y’ on account of breach of contract
3. ‘X’ can recover damages which ‘X’ might have paid to ‘Y’ on account of breach of contract
4. ‘X’ can recover damages in the form of penalty.

Answer: (b)

173. Which one of the following statement is correct? A voidable contract is an agreement which is:

1. Enforceable with the permission of the court
2. Enforceable by the parties thereto
3. Enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others
4. Not enforceable by any of the parties thereto.

Answer: (d)

174. A landlord in good faith let out his premises to a young widow on a rent of Rs. 1,400 per month. Later on, he came to know that the widow was using the premises to carry on prostitution. In a suit by the landlord for recovery of rent, the court should:

1. Reject the claim on the ground that the consideration was immoral
2. Not reject the claim as the landlord had no knowledge of the purpose for which the widow was to put use the let out premises
3. Uphold the defence of the widow that the landlord knew of the purpose
4. Evict the widow from the premises.

Answer: (b)

175. ‘A’ owes ‘B’ Rs. 3,000, ‘C’ pays to ‘B’ Rs. 2,000 and ‘B’ accepts it in satisfaction of his claim against ‘A’. This payment:

1. Is not a discharge of the whole claim
2. Is a discharge of the entire claim
3. Can be a discharge only when the balance is paid
4. Will be a discharge only if the amount is paid by ‘A’.

Answer: (b)

176. If a notice at the entrance of an automatic car park is an offer, it can be accepted by:

1. Writing a letter accepting that after
2. Applying for a ticket
3. Driving in
4. Making enquiries about the facilities available.

Answer: (c)

177. Consider the following statements:

If a person who finds goods, belonging to another, takes them into his custody, then he:

1. Can pledge the goods.
2. Can gift the goods.
3. Is subject to the same responsibility as a Bailee.

Of the above statements:

1. 1 alone is correct
2. 1, 2 and 3 are correct
3. 3 alone is correct
4. 1 and 2 are correct.

Answer: (c)

178. The defendant’s husband agrees to pay Rs. 400 per month to his plaintiff wife in consideration of her giving up prosecution against him under Section 494 IPC, an offence compoundable with the leave of the court. With the leave to the court, the offence was compounded and the husband was acquitted. In an action by the wife to enforce the agreement, the husband contends that the agreement is one to stifle prosecution and hence unlawful.

In the light of the above, which one of the following is correct?

1. The agreement is one of stifle prosecution and hence the husband’s contention will prevail
2. It is against public policy to give up prosecution in a criminal case by receiving consideration for it and so the wife cannot enforce the agreement against the husband
3. The wife can enforce the agreement against the husband because the agreement is supported by consideration
4. The wife can enforce the agreement against the husband as agreement is not one for stifling prosecution as the offence is one compoundable with the permission of the court and has been so compounded.

Answer: (d)

179. ‘J’, a usual customer of B’, orders certain goods on the day on which ‘B’ transfers his business to the plaintiff. The plaintiff accepts the order and supplies the goods. Thereupon ‘J’ refuses to pay to allege that he has intended to contract only with ‘B’ since he is having set off against him.

1. Has no liability to pay the price because he has never intended to contract with the plaintiff
2. Is liable to pay as he has already been supplied in response to his order
3. Is liable to pay because the plaintiff has supplied the goods as the agent of B
4. Is liable to pay because he can claim reimbursement from ‘B’.

Answer: (a)

180. ‘A’, ‘B’ and ‘C’ jointly promise to pay Rs. 300 to ‘P’. ‘P’ files a suit to recover the amount. Which one of the following is correct?

1. ‘P’ can sue each individually for their respective shares
2. ‘P’ can sue ‘A’ for the recovery of Rs. 100 only
3. Since ‘A’, ‘B’ and ‘C’ are joint promisors, ‘P’ can recover the amount from any one of them
4. ‘P’ must make all the three parties based on.

Answer: (c)

181. Five persons went to the house of Z armed with clubs to beat Z. Among these, one A was carrying a pistol concealing it underneath his clothes. During the beating, A fired a shot resulting in Z’s death.

1. Only A will be liable for causing death
2. All of them will be liable for beating Z
3. All of them being members of unlawful assembly will be liable for causing death
4. None of the above.

Answer: (a)

182. Which one of the following is not correct in case of defence of intoxication?

1. Defence of intoxication is available both in case of involuntary and voluntary intoxication
2. Intoxication is a defence when the intoxicated person is incapable of knowing the nature of the act at the time of doing it
3. Intoxication is a defence when the intoxicated person is incapable of knowing what he was doing was either wrong or contrary to law
4. Particular intention and not knowledge is attributed to the accused who has acted under involuntary intoxication.

Answer: (a)

183. A is in the house which is on fire, with Z, a child. People, below hold out a blanket. A drops the child in good faith intending the child’s benefit. But the child is killed by the fall. A has committed:

1. Murder
2. Culpable homicide not amounting to murder
3. Culpable homicide as an exception to Section 300 of the Indian Penal Code, 1860
4. No offence.

Answer: (d)

184. A, armed with a sword, is at a great distance from B. A threatened to kill B. B shot at A, and killed him.

1. B could plead private defence, as he has a reasonable apprehension of being attacked by A’s sword
2. B could not plead private defence, as it cannot be said that he has a present and reasonable apprehension of being attacked by A
3. B could not plead private defence, as such a right is available only when one is being attacked by another
4. None of the above.

Answer: (b)

185. A instigates his six-year-old daughter B to take away from C, a purse containing Rs. 1,500. In this case which one of the following statements is correct?

1. B commits theft and A abets theft
2. A commits no offence but B commits theft
3. Both A and B commit no offence
4. B does not commit any offence but A commits abetment of theft.

Answer: (d)

186. ‘A’, ‘B’ and ‘C’ decide amongst themselves to persuade ‘D’ to steal jewelry from the house of ‘M’ and they accordingly do so. ‘D’ readily agrees and sets out towards ‘M’s house in order to steal jewelry.

1. ‘A’, ‘B’, and ‘C’ are liable for conspiracy to commit theft
2. ‘A’, ‘B’, ‘C’ and ‘D’ are liable for criminal conspiracy
3. ‘A’, ‘B’ and ‘C’ are liable for criminal conspiracy, but ‘D’ is not liable for any offence because his act only amounts to preparation
4. Both a and c are correct.

Answer: (b)

187. A person is said to give ‘false evidence’, if he:

1. Being legally bound by an oath, or by an express provision of law to state the truth
2. Being bound by law to make a declaration upon any subject makes any statement which is false
3. Being bound by law to make a declaration upon any subject which he either knows or believes to be false, or does not believe to be true
4. All of the above.

Answer: (b)

188. A tries to pickpocket B. B has a loaded pistol in his pocket. A’s hand touches the pistol and triggers it, resulting in the death of B.

1. A is guilty of B’s murder
2. A is guilty of culpable homicide by negligence
3. A is guilty of grievous hurt
4. A is guilty only of pick pocketing.

Answer: (d)

189. ‘A’ was relieved of his wristwatch worth Rs. 100 by ‘B’ in a running train. When the train was about to stop at a railway station, ‘A’ raised an alarm. At this point of time, ‘C’ pushed ‘A’ as a result of which ‘A’ fell down and sustained injuries. This was done by ‘C’ to enable ‘B’ to carry the stolen watch. ‘C’ has committed the offence of:

1. Hurt
2. Grievous hurt
3. Abetment of an offence
4. Robbery.

Answer: (d)

190.X applied for the post of Lecturer at Delhi University and submitted his application along with a degree, of Ph.D. Interview call was issued to X and 2nd Feb. 1992 was the date fixed for the interview of X. But on 10th Jan. 1992 the University came to know that the copy of the degree attached with the application was bogus and canceled the interview.

1. X is guilty of cheating
2. X is guilty of attempt to cheat
3. X is not guilty of cheating because the University has not been cheated
4. None of the above.

Answer: (b)

191. In which of the following cases, the offence of ‘house-breaking’ is not committed?

1. A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door
2. A finds the key of Z’s house-door, which Z had lost, and commits house-trespass, by entering Z’s house through that key
3. Z, the doorkeeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him
4. Where a hole was made by burglars in the wall of a house but their way was blocked by beams on the other side.

Answer: (d)

192. A person commits ‘adultery’, if he:

1. Has sexual intercourse with a person, who is, and whom he knows, or has reason to believe to be, the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to rape
2. Has sexual intercourse with a person, who is, and whom he knows, or has reason to believe to be, the wife of another man, with the consent or connivance of that man, such sexual intercourse not amounting to rape
3. Has sexual intercourse with an unmarried woman
4. Has sexual intercourse with a married woman.

Answer: (a)

193. State in which of the following cases, P is guilty of attempting to commit the offence?

1. P, in order to forge a document purporting to be executed by Q, sends his servant to buy a stamp paper in the name of Q. As the servant reaches stamp shop, he is arrested
2. P shoots at Q whose back is towards him. The attempt fails as Q is beyond the range of the gun
3. P pours half a pint of substance from a bottle marked “poison” into the whisky of Q. Q is not aware. It turns out that bottle did not contain any poison
4. P administers some noxious substance to a woman so that an abortion results. The woman was not pregnant.

Answer: (b)

194. Six persons assembled on the platform of Mumbai Railway Station and started fighting with each other. The passengers present at the Railway Station got annoyed and felt disturbed. The public reported the matter to the police. These six persons are guilty of:

1. Unlawful assembly
2. Rioting
3. Affray
4. Assault.

Answer: (c)

195. ‘X’, a person above the age of 18 years, asks ‘Y’ to shoot him to death as ‘X’ is suffering from an incurable disease. ‘Y’ is the domestic servant of ‘X’. As a loyal servant, ‘Y’ shoots ‘X’ to death. In the context of the above, which one of the following statements is correct?

1. ‘Y’ has committed no offence
2. ‘Y’ can take up the defence of good faith
3. ‘Y’ can take up the defence of consent
4. Y’s act is culpable homicide not amounting to murder.

Answer: (d)

196. ‘A’ is a good swimmer. He sees ‘B’ drowning, but does not save him. ‘B’ is drowned. ‘A’ has committed:

1. The offence of murder
2. The offence of abetment of suicide
3. The offence of culpable homicide not amounting to murder
4. No offence.

Answer: (d)

197. ‘A’ a foreigner stabbed ‘B’ another foreigner in a foreign vessel on the high seas. Both ‘A’ and ‘B’ were brought to Bombay for treatment where ‘B’ died. ‘A’ is also available in Bombay. Which one of the following propositions is correct in respect of applicability of the Indian Penal Code (IPC) to the trial of ‘A’?

1. As both the deceased and the accused belong to foreign countries and the occurrence of offence has taken place on the high seas, IPC is not applicable to ‘A’ and hence he cannot be prosecuted in India
2. IPC is absolutely not applicable to a foreigner and hence ‘A’ cannot be tried in India
3. As the offence is completed in Indian territories and accused ‘A’ is available in India. IPC is applicable and he should be tried at Bombay
4. As IPC is applicable to Indians as well as to foreigners ‘A’ must be tried in India.

Answer: (a)

198. Assertion (A): There is no liability for an attempt to commit an impossible theft.

Reason (R): No criminal liability can be incurred under Section 511 of the Indian Penal Code for an attempt to be an act which, if done will not be an offence.

1. Both ‘A’ and ‘R’ are false
2. ‘A’ is false but ‘R’ is true
3. Both ‘A’ and ‘R’ are true
4. None of the above.

Answer: (b)

199. A is invited by B for a cup of tea. While B is in the kitchen preparing tea, A finds a golden ring on the table. He picks it up and places it somewhere in the room with the intention of dishonestly taking it away sometime later. A commits:

1. No offence
2. Extortion
3. Attempt to commit theft
4. Theft.

Answer: (d)

200. ‘X’ and ‘Y’ swimming in the sea, after a shipwreck got hold of plank. The plank was not large enough to support both, ‘X’, with no other option, pushed ‘Y’, who was drowned. ‘X’ has committed:

1. Culpable homicide
2. Murder
3. The offence of causing death by negligence
4. No offence.

Answer: (b)

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