Law Exams: PCSJB Pre 2010 Question Paper

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Wednesday, February 05, 2014

Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 121-125

121. A firm can be held liable for the wrongful act of a partner where the act has been ratified by the partners, provided
(a) the act could be legally done with the authority of all the partners
(b) the partners ratify the act with full knowledge of the facts
(c) neither (a) nor (b)
(d) both (a) and (b)

122. A partner can retire by notice of his intention to retire, where
(a) the partnership is at will
(b) the partnership is for a specified period
(c) where a contract has been made between the partners for its determination
(d) none of the above

123. A partner has no implied authority
(a) to enter into a partnership with other persons in another business
(b) to borrow money in case of a commercial firm
(c) either (a) or (b)
(d) neither (a) nor (b)

124. A partnership firm is required to be registered under
(a) the Indian Registration Act, 1908
(b) the Companies Act, 1956
(c) the Indian Partnership Act, 1932
(d) Indian Contract Act, 1872

125. An agreement in restraint of trade in a partnership under section 11 of the Indian Partnership Act is
(a) valid
(b) voidable
(c) void
(d) illegal

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 111-120

111. Under Hindu Law the ground for divorce is
(a) Insanity
(b) Cruelty
(c) Adultery
(d) All of these

112. Who is the Union Law Minister of India?
(a) H.R. Bhardwaj
(b) Kapil Sibal
(c) Veerappa Moily
(d) P.Chidambram

113. The Supreme Court in a significant judgment held that the Guru Granth Sahib is
(a) A juristic person
(b) The holiest of the holy books
(c) To be equated with the model
(d) Not a juristic person

114. Which of the following soccer players is associated with the tenn 'Hand of God'
(a) Pele
(b) Maradona
(c) Rooney
(d) Ronaldo

115. The Judges of the Supreme Court take an oath conducted by
(a) Chief Justice of India
(b) President or Vice-President
(c) President or some person appointed by him
(d) None

116. What is the minimum age required for voting in India?
(a) 16 years
(b) 18 years
(c) 21 years
(d) 25 years

117. Sarkaria Commission was set up to
(a) inquiring into Babri Masjid Demolition case
(b) review the Constitution
(c) review the Centre-State relations
(d) to investigate 1984 anti Sikh riots

118. Standard of proof in
(a) civil and criminal cases is the same
(b) criminal cases is much more higher than in civil cases
(c) criminal case is lower than in civil cases
(d) none of the above '.

119. The doctrine of estoppel is a
(a) substantive law
(b) rule of equity
(c) rule of evidence
(d) law of pleadings

120. To an answer to a court question, the adverse party
(a) has a right to cross-examination as a matter of right
(b) has a right to cross-examine only with the permission of the court
(c) has no right to cross-examine the witness
(d) either (a) or (c)

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 101-110

101. In criminal trials, the onus is on the accused to prove that his case falls in
(a) any of the general exception
(b) any of the special exception
(c) any of the proviso to any provision
(d) all of the above

102. Indian Evidence Act was drafted by
(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine

103. Leading questions can be asked during
(a) examination-in-chief
(b) cross-examination
(c) re-examination
(d) all of the above

104. The name of the Union given in the Constitution is
(a) Hindustan or Bharatavarsha
(b) India or Hindustan
(c) India or Bharat
(d) Bharatadesh or India

105. Oral evidence is not admissible to clarify the language used in a document when the language is
(a) ambiguous or defective on its face
(b) plain but not applying to the facts
(c) plain but applying to two sets of facts
(d) related with terms of regional nature

106. What is the number of Judges (including Chief Justice) in the Supreme Court of India as provided in the Constitution of India?
(a) 20
(b) 24
(c) 31
(d) 28

107. Presumption under section 112 of the Evidence Act is raised
(a) when a child is born during the continuance of valid marriage
(b) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried
(c) in both (a) & (b)
(d) neither (a) nor (b)

108. Secondary evidence of a document means
(a) copies of that document
(b) oral account of the contents of the documents
(c) both (a) & (b)
(d) neither (a) nor (b)

109. Muslim Marriage is a
(a) Contract
(b) Sacrament
(c) Living together at will
(d) Both a contract and a sacrament

110. The Hindu Marriage Act, 1955 extends to
(a) the whole of India except the State of Jammu and Kashmir
(b) Buddhists and Jains
(c) those who are not muslims, Christians, Parsis and Jews by religion
(d) all

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 91-100

91. On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit
(a) is liable to be dismissed
(b) cannot be dismissed
(c) may be dismissed or may not be dismissed as per the discretion of the court
(d) none of the above

92. Order II, Rule 2 of CPC does not apply to
(a) application for execution
(b) writ petitions
(c) both (a) and (b)
(d) none of the above

93. Application for execution of a decree is to be made
(a) to the court which passed the decree
(b) to the district court
(c) to the High Court
(d) none of the above

94. Goods are said to be in a 'deliverable state' where
(a) they are in good condition
(b) they are in reasonable condition
(c) they have been delivered on time
(d) the buyer is bound to take their delivery under contract

95. A contract of sale of goods can be
(a) conditional
(b) absolute
(c) temporary
(d) either (a) or (b)

96 A disputed handwriting can be proved
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the questioned document
(c) by comparison of the two-admitted and disputed documents
(d) all of the above

97. Who was the first Indian Woman to be crowned Miss Universe?
(a) Rita Faria
(b) Zeenat Arnan
(c) Suslunita Sen
(d) Aishwarya Rai

98. A dying declaration to be admissible
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a Magistrate or a police officer or a doctor or a private person

99. A will is required to be proved by calling at least one attesting witness
(a) when it is registered
(b) when it is unregistered
(c) when it is admitted
(d) all of the above

100. After re-examination of a witness, the adverse party has a
(a) right to further cross-examine the witness afresh in general
(b) has no right to further cross-examine the witness
(c) right to further cross-examine the witness only when a new fact is introduced in the re-examination
(d) either (a) or (b)

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 81-90

81. In a summons case, instituted on a complaint, the accused having been summoned is liable to be acquitted under section 256 of Cr.P.C.
(a) on account of death of the complainant
(b) on account of non-appearance of the complainant
(c) both (a) & (b)
(d) neither (a) nor (b)

82. Period of limitation for an offence punishable with a term of two years, as per section 468 of Cr.P.C. is
(a) six months
(b) one year
(c) two years
(d) three years

83. If the investigation is not completed within 90 days or 60 days as the case may be, and the accused is in custody, on the expiry of said period the accused is entitled to be
(a) discharged
(b) released on bail on making an application for release on bail
(c) released on bail without making an application for release on bail
(d) acquitted

84. A caveat shall not remain in force after the expiry of
(a) 45 days
(b) 15 days
(c) 90 days
(d) 60 days

85. A decision in a suit may operate as res-judicata against persons not expressly named as parties to the suit by virtue of explanation
(a) III to Section 11 of CPC
(b) V to Section 11 of CPC
(c) VI to Section 11 of CPC
(d) IV to Section 11 of CPC

86. A fresh suit on the same cause of action is not barred when
(a) rejected under Order VII, Rule 11 of CPC
(b) dismissed under Order IX, Rule 2 of CPC
(c) dismissed under Order IX, Rule 3 of CPC
(d) either (a) or (b) or (c)

87. A judgment can be reviewed on the ground of
(a) discovery of new & important evidence, not within the knowledge of the party concerned
(b) mistake of error of fact or law on the face of the record
(c) both (a) & (b)
(d) none of the above

88. A person is an indigent person within the meaning of Order 33, Rule 1 of CPC, if he is not possessed of
(a) sufficient means to pay the fee payable on the plaint
(b) any means to pay the fee payable on the plaint ~
(c) sufficient means for his livelihood
(d) none of the above

89. An ex-parte decree can be set aside on the ground of
(a) summons not duly served
(b) being prevented by any sufficient cause from appearance
(c) only (a) is correct
(d) both (a) and (b)

90. Clerical or arithmetical mistakes in judgments, orders etc. can be corrected under
(a) Section 152 of CPC
(b) Section 154 of CPC
(c) Section 155 ofCPC
(d) Section 153 of CPC

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 71-80

71. The first draft of the Constitution was published in
(a) November, 1947
(b) January, 1948
(c) February, 1948
(d) November, 1948

72. This used to be a Fundamental Right but is now a legal right only
(a) Cultural and Educational Rights
(b) Right to Property
(c) Right against Exploitation
(d) Right to Religious Freedom

73. In the recent proposed amendment in Cr.P.c. the police may arrest a person
(a) after obtaining written orders from Magistrate
(b) without orders of magistrate
(c) after obtaining orders from Deputy Commissioner
(d) after giving reasons in writing

74. Mter completion of investigation, the police is to submit a final report to the Magistrate. The Magistrate
(a) is bound by the conclusions drawn by the police and accept the same if the police recommended that there is no sufficient ground for proceeding further
(b) is not bound by the conclusions drawn by the police and may order further investigation
(c) may issue a process against the accused person(s)
(d) both (b) & (c)

75. Addition or alteration of charge has been provided
(a) under section 214 of Cr.P.c.
(b) under section 215 of Cr.P.c.
(c) under section 216 of Cr.P.c.
(d) under section 218 of Cr.P.C.

76. An act which would otherwise be crime may in some cases be excused if the person accused of it shows that all except
(a) it was done only in order to avoid consequences
(b) nothing was done than was reasonably necessary
(c) the evil inflicted was not disproportionate to the evil avoided
(d) none of the above

77. Cognizance of offence under Section 498A of IPC can be taken by a Court
(a) on a police report
(b) on the complaint of the person aggrieved
(c) on the complaint of father/ mother of the person aggrieved
(d) all the above

78. During investigation a search can be conducted without warrant by
(a) any police officer
(b) the investigating officer
(c) both (a) & (b)
(d) either (a) or (b)

79. Error or omission in framing of charge
(a) is material in all circumstances shall vitiate the trial
(b) is material only if it has occasioned a failure of justice to the accused
(c) is material and the accused is liable to be acquitted
(d) both (a) & (c)

80. In a bailable offence, the bail is granted as a matter of right
(a) by the police officer
(b) by the court
(c) both by the police officer & the court
(d) neither (a) nor (b)

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 61-70

61. GIR National Park is in
(a) Rajasthan
(b) Maharashtra
(c) Gujarat
(d) Assam

62. Which of the following teams clashed in the Semi-finals in the Soccer World Cup,201O?
(a) Germanyand Holland
(b) Spain and Holland
(c) Spain and Germany
(d) Uruguay and Holland

63. Name the Prime Minister of U.K. who recently visited India-
(a) Gordon Brown
(b) Tony Blair
(c) David Cameroon
(d) Edward Heath

64. A bill presented in Parliament becomes an Act after
(a) it is passed by both Houses
(b) the President has given his assent
(c) the Prime Minister has signed it
(d) it is so declared by the Supreme Court

65. Dissolution of the House means that the life of the House has ended and a fresh House has to be constituted. Which one of the following House in India cannot be dissolved?
(a) Lok Sabha
(b) Rajya Sabha
(c) Both (a) and (b)
(d) None of the above

66. Dyarchy as a form of government at the provincial level was introduced by the
(a) Government ofIndia Act, 1919
(b) Minto-Morley Reforms
(c) Montague- Chelmsford Reforms
(d) Government of India Act, 1935

67. Economic justice as one of the objectives of the Indian Constitution has been provided in the
(a) Preamble and Fundamental Rights
(b) Preamble and Directive Principles
(c) Fundamental Rights and Directive Principles
(d) Preamble, Fundamental Rights and Directive Principles

68. The President of India can declare Emergency if there is
(a) war or threat of war
(b) failure of Constitutional machinery
(c) financial instability
(d) All of the above

69. The Prime Minister is responsible to the
(a) Council of Ministers
(b) President
(c) Rajya Sabha
(d) Lok Sabha

70. Which Article of the Constitution provides the Parliament the power to amend the Constitution?
(a) 370
(b) 368
(c) 390
(d) 376

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 51-60

51. What is 'Watergate'?
(a) A gate of dam across misissippi
(b) A dam across Hudson river
(c) Scandal in which President Nixon got entangled
(d) A five star hotel in Los Angeles

52. Shakuntala was written by
(a) Maithili Sharan Gupt
(b) Swami Dayanand
(c) Kalidas
(d) Tulsidas

53. The H.Q. of the International Court of Justice is at
(a) The Hague
(b) Geneva
(c) Rome
(d) Vienna

54. Which of the following countries does not have the power of Veto in Security Council?
(a) UK
(b) Canada
(c) USA
(d) France

55. Which athlete holding an Olympic record, belonging to a Commonwealth country, refused participation in CWG Games 2010 (Delhi) and apologised for same:-
(a) Sebastian Coe
(b) P.T. Usha
(c) Bolt
(d) Jeev Milkha Singh

56. Who has recently been re-elected as the new President of Germany?
(a) Angela Merkel
(b) Horst Koehler
(c) Helmut Kohi
(d) None of the above

57. Indira Gandhi Prize for peace, Disarmament and Development for 2007 has been conferred on July 25, 2009 to
(a) Bill Gates
(b) Jacob Zuma
(c) Asma Jahangir
(d) None of the above

58. What is the expanded form of AWACS?
(a) Airport Works and Customer Service
(b) Airbone Warning and Control Systems
(c) Agricultural Wealth and Consumer Statistics
(d) Ammunition Warehousing and Costing Symantics

59. Recently India's celebrated artist M.F. Hussain has got the nationality of
(a) Saudi Arabia
(b) Qatar
(c) Yemen
(d) Oman

60. Where in world was the world tallest skyscraper, towering 818 meters, opened in January,2010?
(a) Oman
(b) Bahrain
(c) Dubai
(d) Seoul

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 41-50

41. In which the following, the right of private defence does not extend to cause death of the offender?
(a) Rape
(b) Gratifying unnatural lust
(c) Causing miscarriage
(d) Kidnapping

42. A confession to be inadmissible under section 25 of Evidence Act
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or any other crime
(d) none of the above

43. What can be the maximum gap between the two sessions of Parliament?
(a) Three months
(b) Four months
(c) Six months
(d) Nine months

44. Which of the following writs literally means 'you may have the body'?
(a) Habeas Corpus
(b) Mandamus
(c) Quo Warranto
(d) Certiorari

45. Which of the following Union Territories has a Legislature
(a) Andaman and Nicobar Islands
(b) Dadra and nagar Haveli
(c) Pondicherry
(d) Chandigarh

46. A dual economy means
I. the existence of black money and white money
II. the existence of agriculture and industry
III. the existence of commercial agriculture with subsistence farming
IV. modern industry and commercial agriculture co-existing with subsistence farming and traditional handicraft

(a) 1 only
(b) II only
(c) III only
(d) II, III and IV

47. The term 'epicentre' is concerned with
(a) Nuclear explosion
(b) Earthquakes
(c) Cyclonic storms
(d) None of the above

48. Which one is not a port on the east cost?
(a) Kolkata
(b) Paradip
(c) Kochi
(d) Visakhapatnam

49. The Indian Military Academy is located at
(a) Dehradun
(b) Mt. Abu
(c) Hyderabad
(d) Udhampur

50. Which is the National Flower of India?
(a) Sunflower
(b) Rose
(c) Lotus
(d) Marigold

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 31-40

31. A lease of an immovable property can be
(a) for a limited period
(b) in perpetuity
(c) can be express or implied
(d) all of the above

32. A valid lease can be determined by
(a) efflux of time
(b) Forfeiture
(c) on expiration of notice period for determination of such lease
(d) All of the above

33. Pingalwara Trust was founded by
(a) Sant Fateh Singh
(b) Sant Isher Singh
(c) Bhagat Puran Singh
(d) Master Tara Singh

34. City of Amritsar was founded by
(a) Guru Ram Dass Ji
(b) Guru Tegh Bahadur Ji
(c) Guru Har Rai Ji
(d) Guru Arjan Dev Ji

35. Where was the Anglo Sikh Treaty signed between Maharaja Ranjit Singh and the Britishers?
(a) Lahore
(b) Amritsar
(c) Ropar
(d) Kapurthala

36. A Muslim woman entitled to obtain a decree for the dissolution of her marriage on the ground that
(a) the husband was impotent at the time of the marriage
(b) the husband has become impotent after marriage
(c) the husband was impotent at the time of the marriage and continues to be so
(d) none of the above

37. Under the Muslim Women (Protection of Rights on Divorce) Act, the option to be governed by the provisions of Section125 Cr.P.c., may be given by the parties
(a) jointly
(b) separately
(c) either jointly or separately
(d) none of the above

38. For a defence of intoxication, to escape criminal liability, the intoxication
(a) can be self-administered
(b) administered against his will or knowledge
(c) should not be self-administered
(d) none of the above

39. For the application of Section 34 IPC, there must be at least
(a) two persons
(b) more than two persons
(c) five persons
(d) more than five persons

40. A retracted confession
(a) can solely be made the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) cannot be made solely the basis of conviction unless the same is corroborated
(d) is not admissible in evidence

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Question Paper | PCS (J.B.) Pre 2010 | PCS (Judicial Branch) (Preliminary) Examination- 2010

Adv. Sanjay Dixit Civil Judge Question Papers , PCS Judicial Branch

PCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 21-30

21. The period of limitation for preferring an appeal to the High Court from an order of sentence, other than the sentence of death, is
(a) 30 days
(b) 90 days
(c) 60 days
(d) 45 days

22. Section 511, IPC is not related to the offence for which the punishment is:
(a) Death sentence
(b) Life-imprisonment
(c) Imprisonment
(d) Both (b) and (c)

23. Oral evidence under section 60 of Evidence Act may be
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b)

24. Give the correct response:
(a) All murders are culpable homicide but not vice versa
(b) All culpable homicides are murders
(c) A murder can never be a culpable homicide
(d) None of the above

25. An adoption of a boy, whose mother, the adopting father could not have legally married, is not recognised by law, but is still considered valid
(a) because of judicial pronouncements
(b) because of promulgation of Hindu Adoption and Maintenanct Act
(c) because of custom
(d) None of the above

26. Under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, the tenant is required to seek leave to defend within 15 days of service of notice upon him. He applies for leave to defend after 20 days-
(a) Time can be extended by the Rent Controller automatically
(b) Time can be extended by showing sufficient cause
(c) Time cannot be extended at all
(d) None of the above

27. Statutory tenant is a person who
(a) pays rent as per the rent agreement
(b) abides by all the provisions of Rent Act
(c) is the legal representative who occupies premises after death of the original tenant
(d) None of the above

28. On which of the following grounds, a tenant cannot be evicted-
(a) nuisance
(b) personal need of the landlord
(c) building is unfit & unsafe for human habitation
(d) Inadequate rent

29. In a simple mortgage, possession of the mortgaged property
(a) is given to the mortgagee
(b) is given to a third party as security
(c) remains with the mortgagor
(d) None of the above

30. In an agreement for transfer of property
(a) the transfer is recognised when the agreement is partly performed
(b) is recognised only when instrument of transfer is executed
(c) such transfer is not recognized in law at all
(d) None of the above

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Wednesday, February 05, 2014

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