DJS Vi Test 09-12-2023

Rahul’s a blue print of succe ss
DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023

MOCK TEST SERIES
COMBINED TEST - II
TEST- VI
Total Questions: 200

Maximum Marks: 200
Duration: 2:30 Hours
Date: 09/12/2023
1. Which of the following is true regarding an Additional District Magistrate as

per Section 20(2) of the CrPC?
(a) Appointed by the High Court
(b) Only has powers under other laws, not under the CrPC
(c) Has all powers of a District Magistrate as directed by the State
Government
(d) Cannot be an Executive Magistrate
2. Who is responsible for placing an Executive Magistrate in charge of a sub-
division as per Section 20(4) of the CrPC?
(a) The District Magistrate
(b) The High Court
(c) The State Government
(d) The Central Government
3. Under Section 78(1) of the CrPC, to whom can a court forward a warrant for
execution outside its local jurisdiction?
(a) Any police officer in its jurisdiction
(b) The District Magistrate of the area where the warrant is to be executed
(c) Directly to the accused
(d) The Chief Justice of the High Court
4. What is the protocol for a summons to produce a document or other thing as
per Section 91(1) of the CrPC?
(a) It must be issued by the High Court
(b) It can only be issued to police officer
(c) It can be issued by a court to the person in possession of the document
(d) Both b and c
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5. The State Government shall appoint in every district one or more Assistant
Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
Where no Assistant Public Prosecutor is available for the purposes of any
particular case, the District Magistrate may appoint whom among the
following, as the Assistant Public Prosecutor:
(a) Any other person to be the Assistant Public Prosecutor in charge of
that case
(b) A police officer to the rank of Inspector or above
(c) A police officer who is the Investigating Officer in the said case
(d) Both a and b
6. For the validity of an order of forfeiture, which of the following are necessary?
(a) that the Government had formed the opinion that concerning document
contains any matter the publication of which is punishable under
Sections 124-A, 153-A or 295-A of the Penal Code
(b) that the Government has stated in the order the grounds which had led
to the formation of the opinion
(c) Both a and b
(d) Neither a nor b
7. Warrant of arrest shall be in such form as is prescribed in which of the
following Forms of the Second Schedule of CrPC?
(a) Form 2
(b) Form 3
(c) Form 4
(d) None of the above
8. In which of the following cases it was held that cryptic telephonic information
is not F.IR. under Section 154, Cr. P.C. It was held that in case investigation
is defective its impact on prosecution case depends on the nature of defect. In
case investigation leaves glaring loop holes it will lead to acquittal of
accused?
(a) Surjit Sarkar v. State of West Bengal
(b) Dilawar Singh v. State of Delhi
(c) Parminder Kaur v. State of UP
(d) Bhoor Singh v. State of Punjab
9. The direction for uploading of FIR in the website of all the State shall be given
effect from:
(a) 15.11.2015
(b) 15.11.2016
(c) 01.12.2015
(d) 01.12.2016
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10. Section 154(2), CrPC is:
(a) mandatory
(b) Directory
(c) Discretionary
(d) Prohibitory
11. In a case, entirely different testimony was given by the maker of the first
information report. What is the consequence?
(a) The first information report can be used to discredit the testimony of the
maker of the report.
(b) The prosecution case will lose its credibility.
(c) The FIR will be required to be quashed,
12. In case a final report is filed by police under Section 173(2) that no offence is
made out against the accused, the Magistrate has to adopt which of the
following courses:
(a) He may accept the report and in that case the proceedings would stand
closed
(b) He may not accept the report and may take cognizance in the matter
on the basis of such final report which was presented by the police
(c) If he is satisfied by the investigation undertaken by the police, he may
direct further investigation in the matter
(d) Any of the above
13. The object of section 202, CrPC is:
(a) to ascertain the facts constituting the offence;
(b) to prevent abuse of process resulting in wastage of time of the Court
and harassment to the accused
(c) to help the Magistrate to judge if there is sufficient ground calling for
investigation and for proceeding with the case.
(d) All of the above
14. Assertion (A): A Magistrate who has neither taken cognizance nor is one to
whom case has been transferred cannot issue process.
Reason (R): The issue of process is a matter for judicial determination. Before
issuing process the Magistrate has to examine the complainant.
Mark the correct option with respect to section 204, CrPC:
(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct and R is not the correct explanation of A
(c) Only A is correct
(d) Only R is correct
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15. Section 298, CrPC provides a mode of proving a:
(a) Previous acquittal
(b) Previous conviction
(c) Either a or b
(d) Neither a nor b
16. Which of the following casesis a leading case on the rule of issue estoppel in
a criminal trial?
(a) T. T. Antony v. State of Kerala
(b) PUCL v. State of Maharashtra
(c) Manipur Administration v. Bira Singh
(d) Naresh rai v. State of Bihar
17. “The plaintiff was applicant for the headmastership of a school. The managers
passed a resolution appointing him, but the decision was not communicated
to him. The managers cancelled their resolution and the plaintiff sued for
breach of contract. Suit was dismissed.” From which case the said facts
belongs__
(a) Taylar v. Allon
(b) Powell v. Lee
(c) Carlill v. Carbolic Smoke Ball Co.
18. What is the implication of the acceptance of delayed performance in a
contract where time is essential, as per Section 55?
(a) The promisee can still claim compensation for the delay.
(b) The promisee cannot claim compensation unless notice is given at the
time of acceptance.
(c) The contract becomes void.
(d) The promisor must pay double compensation.
19. What is the legal consequence if a promisor makes an unconditional offer of
performance to the promisee, but the offer is not accepted?
(a) The promisor loses his rights under the contract
(b) The promisor is responsible for non-performance
(c) The offer becomes void
(d) The promisee is obligated to accept the offer.
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20. Under what circumstances is a contract voidable at the option of the party
whose consent was caused by misrepresentation?
(a) If the party had the means of discovering the truth with ordinary
diligence.
(b) If the misrepresentation is proven to be intentional.
(c) If the misrepresentation is made innocently.
(d) If the contract is already in the process of performance.
21. In what circumstances may a promisor be relieved of responsibility for non-
performance?
(a) If the promisee refuses the offer of performance.
(b) If the offer of performance is conditional.
(c) If the offer of performance is not made at a proper time and place.
(d) If the offer of performance is unconditional.
22. An agreement in restraint of marriage is void under the Indian Contract Act,
1872, except in the case of:
(a) A minor.
(b) An unmarried woman.
(c) A widow.
(d) A married man.
23. Under the Indian Contract Act, the principle that 'silence cannot be equated to
communication of acceptance' is an exception in the case of:
(a) Contracts of insurance.
(b) Agency by estoppel.
(c) Past consideration.
(d) Duty to speak.
24. According to Sec 63, the party who has the right to demand the performance
of the contract may
(a) remit or dispense with it, wholly or in part
(b) extend the time for performance
(c) accept any other satisfaction instead of performance
(d) Any of the above
25. The right of 'lien' in the context of agency is the right to:
(a) Sell the goods of the principal.
(b) Retain possession of the goods of the principal.
(c) Terminate the agency.
(d) Act on behalf of the principal.
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26. A 'del credere' agent is one who:
(a) Guarantees the performance of the contract.
(b) Acts as a caretaker.
(c) Works for commission.
(d) Acts as a mediator.
27. Which of the following is true regarding the ratification of an unauthorized act
by the principal?
(a) It can relate back to the date of the act.
(b) It cannot relate back to the date of the act.
(c) It is effective only if the agent had authority.
(d) It is not allowed under the Indian Contract Act.
28. The bailment of goods as a security for payment of a debt or performance of a
promise is known as:
(a) Pledge
(b) Mortgage
(c) Hypothecation
(d) Lease
29. The writ of 'Quo-Warranto' can be issued for which of the following reasons?
(a) To release a person who has been detained unlawfully.
(b) To transfer a case from a lower court to a higher court.
(c) To to restrain a person from acting in a public office to which he /she is
not entitled.
(d) To prohibit a lower court from exceeding its jurisdiction.
30. Which Amendment Act introduced the new concept of "Mini Constitution" in
India?
(a) 42nd Amendment, 1976
(b) 44th Amendment, 1978
(c) 73rd Amendment, 1992
(d) 86th Amendment, 2002
31. The 73rd Amendment Act, 1992, is significant for which of the following
reasons?
(a) It provided for the establishment of Panchayati Raj Institutions.
(b) It introduced the Goods and Services Tax.
(c) It abolished the Right to Property as a Fundamental Right.
(d) It reduced the voting age from 21 to 18 years.
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32. The Constitution (86th Amendment) Act, 2002, deals with which of the
following?
(a) Right to Education
(b) Reservation in private employment
(c) Introduction of GST
(d) Statehood for Delhi
33. The 24th Amendment Act of 1971 is known for which of the following?
(a) It gave constitutional status to cooperative societies.
(b) It empowered the Parliament to dilute Fundamental Rights through
amendments.
(c) It established the National Commission for SCs and STs.
(d) It provided for the establishment of Administrative Tribunals.
34. Which amendment reduced the voting age from 21 years to 18 years?
(a) 42nd Amendment Act, 1976
(b) 44th Amendment Act, 1978
(c) 61st Amendment Act, 1988
(d) 73rd Amendment Act, 1992
35. Notwithstanding the restrictions in Article 303(1), Parliament may make laws
giving preference or discrimination in trade and commerce if:
(a) It benefits the majority of states.
(b) It is necessary for national security.
(c) It deals with a situation arising from scarcity of goods.
(d) It is approved by a majority of state legislatures.
36. What is the significance of the Supreme Court of India's ruling on advocates
solemnizing "self-respect" marriages under Section 7(A) of the Hindu
Marriage Act?
(a) It restricts the role of advocates in marriage solemnization
(b) It reinforces the necessity of traditional rituals in marriages
(c) It broadens the interpretation of valid marriage under Hindu law
(d) It mandates public declaration of marital status
37. The Directive Principles of State Policy are enshrined in which part of the
Indian Constitution?
(a) Part III
(b) Part IV
(c) Part V
(d) Part VI
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38. Which Fundamental Right under the Indian Constitution is exclusively
available to citizens and not to foreigners?
(a) Right to Freedom of Speech and Expression
(b) Right to Equality
(c) Right to Life and Personal Liberty
(d) Right against Exploitation
39. The concept of 'welfare state' in the DPSP is primarily reflected in:
(a) Article 38
(b) Article 39A
(c) Article 41
(d) Article 43
40. The principle of 'equal pay for equal work' is a part of:
(a) Fundamental Rights
(b) DPSP
(c) Preamble
(d) Fundamental Duties
41. Which governmental entity is not explicitly tasked with ensuring public
awareness about the POCSO Act under Section 43?
(a) The Central Government
(b) The State Government
(c) The National Commission for Protection of Child Rights
42. According to Section 44(2) of the POCSO Act, while inquiring into any matter
relating to an offence under this Act, the National Commission for Protection
of Child Rights has the same powers as vested in it under which Act?
(a) The Indian Penal Code
(b) The Criminal Procedure Code
(c) The Commissions for Protection of Child Rights Act, 2005
(d) The Juvenile Justice (Care and Protection of Children) Act
43. Under Section 39 of the POCSO Act, the State Government is required to
prepare guidelines for the use of which type of organizations in assisting the
child during the pre-trial and trial stage?
(a) Governmental organizations
(b) International organizations
(c) Non-governmental organizations
(d) Private corporations
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44. The term 'child pornography' under the POCSO Act includes:
(a) Any visual depiction of sexually explicit conduct involving a child
(b) Written material constituting child sexual abuse
(c) Audio content involving explicit sexual acts
45. Where any offence under the POCSO is committed by a child, such child shall
not be dealt with under the provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2015. This is provided under which of the
following provision of POCSO?
(a) Section 33
(b) Section 34
(c) Section 35
46. The POCSO Act provides for which of the following for the child during the
judicial process?
(a) Child-friendly procedures
(b) In-camera trials
(c) Assistance of an interpreter or expert
47. Commercial Appellate Courts re effective from:
(a) 23.10.2015
(b) 31.12.2015
(c) 03.05.2018
(d) 20.08.2018
48. Who is entitled to be the Judge of Commercial Division?
(a) District Judge
(b) High Court Judge
(c) Any Judge eligible for higher judicial services
(d) any of the above
49. The pecuniary jurisdiction of a Commercial Court in Delhi is:
(a) Up to Rs. 1 crore
(b) Up to Rs. 3 lakh
(c) Rs. 3 Lakh onwards
(d) Up to Rs. 2 crore
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50. Who appoints the Presiding Officer of a Commercial Court?
(a) State Government
(b) State Government in consultation with High Court
(c) State Government in consultation with the Chief Justice of High Court
(d) Chief Justice of High Court along with a panel of Judges.
51. Bar of section 8 of the Commercial Courts Act applies upon:
(a) Revision applications
(b) Revision petitions
(c) Appeals
(d) Both a and b
52. What is the maximum time limit for filing a written statement in a commercial
dispute?
(a) 30 days
(b) 30 days maximum up to 90 days
(c) Not later than 120 days in any case
53. If the Plaintiff does not apply for pre-institution mediation and settlement
before institution of suit:
(a) The plaint is liable to be rejected
(b) The plaint is liable to be returned
(c) The suit proceedings can be stayed and suspended.
(d) The Presiding Officer must examine the circumstances and thereupon
order any of the above.
54. The Commercial Court is bound to pass the judgment in following days upon
conclusion of arguments:
(a) 30 days which can be further extended by 30 days in extreme
circumstances.
(b) 60 days
(c) 90 days
(d) 120 days.
55. Which of the following is correct?
(a) Power under Order XIIIA is wider than power under Order XII Rule 6
(b) Power under Order XIIIA and Order XII Rule 6 are identical.
(c) Remedy under Order XIIIA is distinct from remedy under Order XII
Rule 6
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56. The first case management hearing:
(a) shall be held not later than four weeks from the institution of suit.
(b) shall be held not later than four weeks from the filing of affidavit of
admission and denial by the defendant
(c) shall be held not later than four weeks from the filing of affidavit of
admission and denial by all parties.
(d) Shall be held before the framing of issues
57. Under Order XIIIA, court may decide a claim including:
(a) a part of claim
(b) any particular question on which the claim (either is whole or in part)
depends.
(c) A counter claim
58. The Commercial Court, Commercial Division and Commercial Appellate
Division of High Co0urt Act, 2015 came into force on:
(a) 23.10.2015.
(b) 31.12.2015
(c) 03.052018.
59. In which of the following cases, the Supreme Court differentiated between
‘related’ witness and ‘interested’ witness in which the Court took the view that
the wife of the deceased could not be called an "interested witness" although
she was "related" to the deceased?
(a) State of Rajasthan v. Kalki
(b) Raju alias Balachandran v. State of Tamil Nadu
(c) Bharat Singh C. Bhagirath
(d) Basant Singh v. Janki Singh
60. Mark the correct statement:
(a) t is not necessary in all cases that the commission of crime be proved
by ocular evidence by examining before the Court those persons who
have seen the commission of crime
(b) The principle of factum probandum may be proved indirectly by means
of certain inferences drawn from factum probans.
(c) Both a and b
(d) neither a nor b
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61. K was charged with the murder of deceased by shooting him with a pistol.
Which of the following, if proved, would lead to the establish the guilt of K?
(i) few days before the killing of the deceased the accused had held out a
threat against him
(ii) a cartridge was found near the cot of the deceased
(iii) a pistol was recovered from his house
(iv) the fire-arm expert gave his opinion that the cartridge found near the
cot of the dead body was fired from the pistol produced by the
accused.
Codes:
(a) (iii)(iv)
(b) (iii)(iv)
(c) (i)(ii)(iv)
(d) (i)(ii)(iii)(iv)
62. A owes Rs. 1,000 to B. B puts pressure upon A for his money. A decides to
kill B to get rid of the pressure of demand. He invites B to his house and
strikes him with a sword and kills him. Mark the correct option with respect to
the motive and intention in the above factual matrix?
(i) The motive for A can be said to be to get rid of the pressure of
demand.
(ii) The assault was with the intention to kill.
(iii) Motive is reason which prompts the intention. It is the reason which
induces him to do the act which he intends to do and does.
Codes:
(a) (i)
(b) (ii)
(c) (i)(ii)(iii)
(d) (i)(ii)
63. The specific provision regarding the test identification parade under section
54A, CrPC?
(a) The Code of Criminal Procedure (Amendment) Act, 2005
(b) The Code of Criminal Procedure (Amendment) Act, 2008
(c) The Code of Criminal Procedure (Amendment) Act, 2010
(d) The Code of Criminal Procedure (Amendment) Act, 2013
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64. A and B were convicted under Sections 120-B read with Section 165-A, I.P.C.
When the inspector of police was on his way to police station, both A and B
approached him and requested him to hush up a criminal case pending
investigation against B, for a reward. The inspector asked them to see him in
his office. The inspector reported the matter to his superiors. Some days
afterwards, A came to the police-station and offered Rs. 5,00,000/- in
currency notes saying that B had sent him with the money in pursuance of the
talk which they had with him some days previously, to hush up the matter.
When the money was offered there were some witnesses in the room.
Whether the statement made by A, that he was sent by B with the money to
be offered by way of a bribe to the police officer, was admissible against B?
(a) The statement made by A that he has been sent by B to make the offer
of the bribe in order to hush up the case which was then under
investigation was admissible against A.
(b) The statement made by A that he has been sent by B to make the offer
of the bribe in order to hush up the case which was then under
investigation was admissible against B
(c) Neither a nor b
(d) Both a and b
65. If client appoints a pleader, attorney or counsel and gives him full authority to
conduct his case and gives him full information about facts, then the
admission made by such a counsel under his signature:
(a) is conclusively binding upon the client and cannot afterwards be
withdrawn.
(b) An admission of law, where it is erroneous, by the counsel is not
binding on the client.
(c) is conclusively binding upon the client and can afterwards be
withdrawn, if required.
(d) Both a and b.
66. In law it is always open to the court to convict an accused on his confession
itself though he has retracted it at a later stage. Nevertheless usually courts
require some corroboration to the confessional statement before convicting an
accused person on such a statement. What amount of corroboration is
necessary in such a case is a:
(a) question of law
(b) Question of fact
(c) mixed question of law and fact
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67. If any investigation officer ignorant of Section 162 (1), Cr. P.C. procures the
signature of the person concerned in the statement, what is the consequence
of this? Is an Investigating officer obliged to obtain the signature of an
accused in any statement attributed to him while preparing the seizure memo
for recovery of any article covered by Section 27 of Evidence Act?
(a) The testimony of the witness becomes contaminated. The investigating
Officer is under the obligation to obtain signatures while preparing the
seizure memo for recovery of any article covered by Section 27 of
Evidence Act.
(b) The testimony of the witness is vitiated. The Investigating Officer is
under the obligation to obtain signatures while preparing the seizure
memo for recovery of any article covered by Section 27 of Evidence
Act
(c) The testimony of witness gets neither contaminated or vitiated.
Investigating Officer is under the obligation to obtain signatures while
preparing the seizure memo for recovery of any article covered by
Section 27 of Evidence Act
(d) The testimony of witness gets neither contaminated or vitiated.
Investigating Officer is not under the obligation to obtain signatures
while preparing the seizure memo for recovery of any article covered
by Section 27 of Evidence Act.
68. The principle of nemo moriturns proesumitur mentiri is associated with which
of the following provisions of the ndian Eidence Act?
(a) Section 30
(b) Section 31
(c) Section 32
(d) Section 33
69. In a suit, A files a mortgage deed. The mortgage deed is executed by B and
witnessed (attested) by C and D. In this case C and D both are dead so they
cannot be found to depose. The execution of the mortgage is denied by the
defendant. A produces one X who deposes that he is familiar with and
recognises the handwriting of B and that the signature on the mortgage deed
is that of B. He further deposes that the signature purporting to be of the
attesting witness C and D is that of C and D, as he knows and recognises his
handwriting. Can the document be said to be proved?
(a) Yes, the document shall be proved and read in evidence.
(b) No, since the witnesses were not available to depose.
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(c) No, since the contents of the documents are not proved by way of
distinct oral agreement, in the absence of the witnesses who signed
the document.
(d) No, since X cannot be relied upon.
70. H executed an annuity bond by which he agreed to pay certain sum of money
to W per year. The annuity bond was acted upon for some time and H paid
annuity to W, as agreed upon through the bond. Afterwards H stopped the
payment. W filed a suit for arrears of maintenance. H tried to prove a
contemporaneous oral agreement to the effect that W should continue chaste
in order to entitle her to maintenance.
(a) The oral agreement could not be said to be a condition precedent to
the operation of the written contract.
(b) The oral agreement can be said to be a condition precedent to the
operation of the written contract.
(c) Since W is not longer chaste, the annuity bond cannot be executed.
(d) None of the above.
71. Section 142, Indian Evidence Act lays down that leading questions should not
be put in:
(a) Examination in chief
(b) Re-examination
(c) both a and b
(d) neither a nor b
72. In appropriate cases, injunction may be granted even in respect of future
content, and the protection is granted as soon as the work is produced.
This statement is:
(a) Correct, as an order of Dynamic injunction can be passed as per the
judgment in UTV & Ors. v 1337x.to & Ors.
(b) Correct, as an order of Dynamic+ injunction can be passed as per the
judgment in Universal City Studios LLC. and Ors. v. Dotmovies.baby
and Ors.
(c) Incorrect, as for the relief of any kind of injunction, the cause of action
must be existing
(d) Either (a) or (b)
73. In case of proceedings under Section 6 of Specific Relief Act, 1963, which of
the following is not barred :
(a) Appeal
(b) Review
(c) Application under Order IX R9
(d) All of the above are barred
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74. Relief under Section 8 of Specific Relief Act, 1963 can be claimed :
(a) Any person who has wrongfully disposed the plaintiff.
(b) Any person who has wrongfully disposed the plaintiff, not being the
owner.
(c) Any person who has wrongfully disposed the plaintiff, in temporary
possession of the property, even though he is the owner.
(d) Both (a) and (c)
75. The nature of relief of Specific Performance is no longer discretionary. In light
of this statement, which of the following is correct:
(a) The reliefs under Specific Relief Act, 1963 are equitable reliefs, so the
relief of specific performance may be denied.
(b) The reliefs under Specific Relief Act, 1963 are equitable reliefs, so the
relief of specific performance cannot be denied after the amendment of
2018.
(c) The reliefs under Specific Relief Act, 1963 are equitable reliefs, so the
relief of specific performance may be denied, in appropriate cases, as
per law.
(d) The Amendment of 2018 has made specific performance a statutory
right and hence, it can be claimed as a matter of right and the courts
are bound to grant the relief.
76. ‘A’ has executed a Will. ‘A’ wants to make some corrections in the said Will.
(a) ‘A’ may file a suit under Section 26 of SRA or in any other suit in which
he is a party
(b) ‘A’ need not undertake any proceedings as he can rectify the Will
anytime by executing a fresh Will.
(c) Both a and b
(d) Only a
77. A contracts to sell to B a piece of land consisting of 100 bighas. It turns out
that 50 bighas of the land belong to A, and the other 50 bighas to a stranger,
who refuses to part with them.
(a) A cannot obtain a decree against B for the specific performance of the
contract
(b) A can obtain specific performance if B is willing to pay the price agreed
upon.
(c) A can obtain specific performance if B is willing to pay the price agreed
upon, and to take the 50 bighas which belong to A.
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(d) A can obtain specific performance if B is willing to pay the price agreed
upon and to take the 50 bighas which belong to A, waiving all right to
compensation either for the deficiency or for loss sustained by him
through A's default.
78. A contracts to grant B an under-lease of property held by A under C, and that
he will apply to C for a license necessary to the validity of the under-lease,
and that, if the license is not procured, A will pay B Rs.10,000. A refuses to
apply for the license and offers to pay B the Rs.10,000.
(a) B is not entitled to specific performance as liquidated damages have
been already offered to him.
(b) B is nevertheless entitled to have the contract specifically enforced if C
consents to give the license.
(c) The appropriate remedy in the above case is filing a suit for damages
for breach of contract.
(d) Both a and b
79. A, the owner of a ship, by fraudulently representing her to be seaworthy,
induces B, an underwriter, to insure her. Which of the following reliefs may be
obtained by B :
(a) Declaration that the policy is null and void
(b) Cancellation of the policy.
(c) Damages / Compensation
80. A contracts with B to sing for twelve months at B's theatre and not to sing in
public elsewhere. B cannot obtain specific performance of the contract to sing,
but he is entitled to an injunction restraining A from singing at any other place
of public entertainment. Which of the following is not incorrect.
(a) Such injunction can be granted.
(b) Such injunction cannot be granted as this is against freedom to
practice trade or profession.
(c) Such injunction can be grated only when it will cause grave hardship to
the Plaintiff, only in rare and exceptional cases.
81. For the purpose of Section 38 of SRA,
(a) Trademark is a property
(b) Trademark is not a property
(c) Injunction cannot be granted in case of Trademarks under Section 38.
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(d) Both b and c
82. ‘B’ a foreigner without any jurisdiction inflicts a blow on ‘C’ another foreigner in
a foreign vessel on high sea. Both of them land in Bombay. ‘C’ admitted to
Bombay hospital where he succumbed to the injuries caused.
(a) ‘B’ can be tried in Bombay only.
(b) ‘B’ can be tried anywhere in India
(c) ‘B’ can be tried in India as well as in the foreign country concerned.
(d) ‘B’ cannot be tried in India.
83. Which if the following statement is incorrect regarding the provision of Section
34 of the Indian Penal Code?
(a) Section 34 has been enacted on principle of joint liability in doing of a
criminal act.
(b) Section 34 is a rule of evidence
(c) Section 34 creates substantive offence
84. Which of the following theories of punishment based upon the idea of ‘An eye
for an eye’?
(a) Deterent
(b) Retributive
(c) Expiatory
(d) Preventive
85. Mark the incorrect statement.
(a) In India, the child below 7 years enjoys absolute immunity from the
criminal prosecution.
(b) In India, the child below 7 years presumed to be doli incapax
(c) In India, the child of 14 years of the age enjoys qualified immunity
(d) In India, the child of 10 years of age is presumed to be doli capax
86. ‘A’ child of 9 years of age stole a necklace worth Rs. 5 lakhs and sold it to ‘B’
a jeweler for Rs. 20,000. At the trial, it was found that ‘A’ had earlier stole a
gold chain and sold it to the same jeweler. Here:-
(a) 'A’ cannot be held guilty of any offence as he is presumed to be doli
incapax
(b) A cannot be held guilty as he enjoys protection under section 83 but ‘B’
may be made guilty of receiving stolen property
(c) ‘A’ is guilty of theft but ‘B’ is not guilty of any offence.
(d) ‘A’ is guilty of theft and ‘B’ is guilty of receiving stolen property
18
87. Which of the following statements are incorrect with respect to the provision of
section 87 of the Indian Penal Code?
(a) The section is based upon the principle of Volenti non fit injuria
(b) The principle underlying section 87 is that the consent never justifies
death or grievous hurt.
(c) Person giving consent is above the age of 18 years
88. ‘A and ‘B’ were being searched by an armed gang who announced their
intention to kill them. The two were hiding in the dark kitchen. The mob broke
into the house and two of them made their way with torches to the kitchen and
attacked A and B, the accused. One of the attacking party was hacked to
death by the accused person. Here:-
(a) Accused are not guilty of any offence
(b) Accused are guilty of murder
(c) Accused are not guilty of murder but may be guilty of Grievous hurt
(d) The two person from the mob who attacked ‘A and B’ are guilty of
Murder
89. The benefit of section 106 of the Indian Penal code can be taken when
(a) There is reasonable apprehension of death
(b) There is reasonable apprehension of grievous hurt
(c) There is reasonable apprehension of death and grievous hurt
(d) There is reasonable apprehension of death, grievous hurt or any other
harm
90. Which of the following statement is incorrect with respect to the provision of
section 149 of the IPC?
(a) Once it is established that a person was a member of unlawful
assembly, prosecution need not to establish any specific overt act.
(b) Mere presence in unlawful assembly can render a person liable even
though he was not actuated by common object as set out in section
141
(c) Common object is different from common intention as it does not
require prior concert
(d) Both b and c
91. In order secure prosecution under section 149 of the IPC, it is necessary that:-
(a) The presence of five or more identified persons must be established
(b) The presence of five or more unidentified persons must be established
19
(c) The presence of five or more identified or unidentified person must be
established
(d) The presence of five or more persons must be established out of which
four must be identified.
92. A and B, two brothers driving their respective cars. They stopped their cars
started quarrelling and abusing each other on a public road in a town and a
large crowd gathered and traffic was jammed. None of them stepped out of
the car. Here:-
(a) A and B are liable for the offence under section 158 of the IPC
(b) A and B are liable for the offence of affray under section 159 of the IPC
(c) A and B are not liable for the offence of affray under section 159 of the
IPC
(d) Both a and c
93. For the prosecution under section 294 of the IPC, it is required tha:-
(a) The annoyance must be caused to the particular person
(b) The annoyance must be caused to the public n general
(c) The annoyance must be caused to any particular person or to the
persons in general
94. Which of the following is not the ingredient of section 321 of the Indian Penal
Code?
(a) Whoever does any act with the intention of causing hurt
(b) Whoever does any act with the knowledge that he is likely thereby to
cause hurt
(c) Whoever does any act having reason to believe that he is likely to
cause hurt
95. A and B were the two joint owners of a shop. A put his lock on the shop which
was let out by B without A’s consent, to the tenant C. the tenant made a
complaint against A under section 341:-
(a) A is liable for wrongful restraint
(b) A is liable for wrongful confinement
(c) A is not liable for Wrongful confinement or wrongful restraint
(d) A and B both are liable for Wrongful restraint
20
96. A finds a government promissory note belonging to Z, bearing a bank
endorsement. A knowing that the note belongs to Z, pledges it with a banker
as a security for a loan, intending as future time to restore it to Z.
(a) A has committed an offence under section 403
(b) A has committed an offence under section 404
(c) A has committed an offence under section 405
(d) A has committed no offence
97. Mark the correct statement.
(a) The ‘Group of Companies’ doctrine has no applicability in India
(b) Requirement of written arbitration agreement means that the persons
who are signatory to the arbitration agreement will be bound by the
agreement
(c) The arbitration agreement can bind non signatories as per the doctrine
of ‘Group of Companies’
(d) Both a and b
98. In arbitration proceedings, the Arbitrator was appointed on 29.09.2014. the
first hearing before the arbitral tribunal held on 06.04.2015 and final hearing
was held on 23.12.2017. the learned arbitrator passed the award on
09.12.2019, approximately two years after the final hearing. There is no
explanation for the delay in passing the arbitral award Here:-
(a) The inordinate and undue delay in passing the award may be a ground
for setting aside the arbitral award under section 36 of the act
(b) The inordinate and undue delay in passing the award cannot be a
ground for setting aside the arbitral award under section 34 of the Act
(c) The inordinate and undue delay in passing the award may be a ground
for setting aside the arbitral award under section 34 of the Act
99. The Court, while considering the application for grant of stay in the case of an
arbitral award for payment of money.
(a) Shall consider the provisions for grant of stay of a money decree under
the provisions of the CPC, 1908
(b) May consider the provisions for grant of stay of a money decree under
the provisions of the CPC, 1908
(c) May or may not consider the provisions for grant of stay of a money
decree under the provisions of the CPC, 1908
21
100. What is the time period that is specified under section 23 of the Act for the
statement of claim and defence to be completed?
(a) One month
(b) Three months
(c) Six months
(d) No such time period has been specified.
101. Which of the following provisions was struck down by the apex Court?
(a) Section 84
(b) Section 84
(c) Section 86
(d) Section 87.
102. Whether an injunction under Section 9 of the Arbitration Act could be granted
to revive or restore a contract which is specifically determinable in nature, and
has been duly terminated by one party to the contract?
(a) Yes as a matter of right
(b) Yes but not as a matter of right
(c) No
103. Which of the following statements is incorrect?
(a) At the time of deciding the application under section 11(6) of the Act, all
that is required to be seen is the existence of the Arbitration
Agreement.
(b) While examining the petition under section 11(6) of the Act, the
defence of full and final settlement of the claim will not be considered
by the Court.
(c) While exercising the jurisdiction under section 11 of the Act, the
question whether the claim of the petitioner would be barred under
Order II, Rule 2 of the Code of Civil Procedure, 1908 or by the
principles of res judicata or by estoppel are the matters to be
considered.
(d) An application under Section 11(6) is in the form of a pleading which
merely seeks an order of the court, for appointment of an arbitrator.
104. Which of the following is main catch point to examine as to whether the matter
to be referred to arbitration or not?
(a) Dispute being commercial dispute
(b) Dispute being civil dispute
22
(c) Existence of arbitration agreement
105. Mark the incorrect statement with respect to Section 9:
(a) A party or a person is entitled to interim protection if action of the other
party is either in breach of the terms of the agreement or militates
against equity, fair play or natural justice, otherwise not.
(b) Pendency of any arbitral proceedings is not a pre-condition for exercise
of power by court. The court may grant interim relief before or during
arbitral proceedings or at any time after making of the arbitral award
but before it is enforced.
(c) Section 9 is of the Act deals with the interim measure by the court. It is
also within the scope of this section to inquire into the claim and the
counter-claim made by both the parties in regard to the custody of the
articles beyond what has been admitted by the respondent.
106. Under Section 39 (1) who has the right to have lien on the Arbitral Award?
(a) Court
(b) Arbitral Tribunal
(c) Arbitrator
(d) The party who get Award in his favour
107. In a case where parties had been referred to arbitration under section 8 by
directing the parties to proceed for arbitration, then:
(a) The limitation of one year for filling section 11 petition would run from
the date of the order referring parties to arbitration.
(b) The limitation of one year for filling section 11 petition would run from
the date of the original notice of dispute.
(c) The limitation of three years for filling section 11 petition would run from
the date of the order referring parties to arbitration.
(d) The limitation of three year for filling section 11 petition would run from
the date of the original notice of dispute.
108. Which Section provides that in the matters relating to arbitration, the judicial
intervention should be to a limited extent?
(a) Section 8
(b) Section 9
(c) Section 5
(d) Section 6
23
109. Which of the following remedies is available against an order which
terminates the arbitral proceedings as the Arbitral Tribunal finds it impossible
or unnecessary to continue the arbitral proceedings passed under section
32(2)(c) of the Act?
(a) An application under section 34 would lie.
(b) The order can be impugned under section 14
(c) Either (a) or (b)
(d) No remedy lies against an order under section 32(2)(c) of the Act.
110. Under section 34 (2A) of the Arbitration and Conciliation Act An arbitral award
arising out of arbitrations other than international commercial arbitrations may
also be set aside by the court on which of the following grounds?
(a) If the court finds that the award is vitiated by patent illegality appearing
on the face of the award.
(b) On the ground of erroneous application of the law only
(c) On the ground of re-appreciation of evidence only.
(d) All of the above.
111. An application under section 34 of the Act shall be disposed of within a period
of:
(a) Three months
(b) Six months
(c) One year
(d) Three years
112. The Committee under the chairmanship of ____________ suggested the
creation of LLP, however, it wanted to restrict the LLPs to Professionals only.
(a) Sh. Naresh Chandra
(b) Dr. J J Irani
(c) Venu Srinivasan
(d) Arun Goel
113. When did the Limited Liability Partnership (Amendment) Act, 2021 come into
force?
(a) 13.08.2021
(b) 01.04.2022
(c) 13.04.2021
(d) 01.08.2022
114. Which of the following provisions have been inserted by the LLP, Amendment
Act, 2021?
24
(a) Accounting and auditing standards
(b) EXPENSES OF INVESTIGATION
(c) Proceedings for recovery of damages or property
(d) Cessation of partnership interest
115. For the purposes of section 7 of the LLP Act, the term “resident in India”
means a person who has stayed in India for a period of not less than:
(a) eighty-two days during the immediately preceding one year
(b) one hundred and twenty days during the financial year
(c) eighty-two days during the financial year
(d) one hundred and twenty days during the immediately preceding one
year
116. Who may establish or designate Special Courts undern the LLP?
(a) Central Government
(b) State Government
(c) Appropriate Government
(d) Either a or b
117. Which of the following provisions of the LLP Act have been omitted by the
amendment Act of 2021?
(a) penalty on non-compliance of any order passed by Tribunal
(b) General penalties
(c) Adjudication of penalties
(d) Power to alter Schedules
118. Which of the following is correct with respect to section 39(2), LLP Act?
(a) For the removal of doubts, it is hereby clarified that any second or
subsequent offence committed after the expiry of the period of one
year from the date on which the offence was previously compounded,
shall be deemed to be the first offence.
(b) For the removal of doubts, it is hereby clarified that any second or
subsequent offence committed after the expiry of the period of two
years from the date on which the offence was previously compounded,
(c) For the removal of doubts, it is hereby clarified that any second or
subsequent offence committed after the expiry of the period of three
25
(d) For the removal of doubts, it is hereby clarified that any second or
subsequent offence committed after the expiry of the period of five
119. Mark the correct statement pertaining to the LLP Act:
(a) Any person aggrieved by an order of Tribunal may prefer an appeal to
the Appellate Tribunal
(b) No appeal shall lie to the Appellate Tribunal from an order made by the
Tribunal with the consent of parties
(c) Neither a nor b
(d) Both a and b
120. When did the LLP Act receive its presidential assent?
(a) 07.01.2009
(b) 31.03.2009
(c) 10.07.2012
(d) 01.04.2009
121. For the purpose of limitation, when is a suit deemed to be instituted?
(a) When the plaint is filed in court.
(b) When the court fees are paid.
(c) When the summons are served.
(d) When the judgement is pronounced.
122. Under the Limitation Act, 1963, the limitation period for enforcement of a
foreign judgment in India is:
(a) Three years
(b) Six years
(c) Twelve years
(d) Fifteen years
123. Which section of the Limitation Act, 1963 deals with 'effect of acknowledgment
in writing'?
(a) Section 18
(b) Section 19
(c) Section 20
(d) Section 21
124. What is the limitation period for a suit for compensation for an act which is
actionable without proof of actual damage?
(a) One year
26
(b) Two years
(c) Three years
(d) Six years
125. The doctrine of 'adverse possession' under the Limitation Act, 1963, requires
possession to be:
(a) Secret and undocumented
(b) Open and hostile
(c) Permissive and known
(d) Intermittent and irregular
126. Where a post-dated cheque is accepted conditionally and it is honoured, the
payment for purpose of section 19 can be:
(a) on the date which the cheque bears
(b) on the date the cheque is handed over
(c) either a or b
(d) neither a nor b
127. According to section 18, Limitation Act, 1963, the word "signed" means signed
(a) personally
(b) by an agent duly authorized in this behalf
(c) either a or b
(d) neither a nor b
128. As per section 18, acknowledgment can be with respect to:
(a) property or right
(b) liability
(c) either a or b
(d) only right to recover ascertained amount
129. Mark the correct statement:
(a) Where in ignorance of death of a person, suit is filed, legal heirs can be
brought on record subsequently. Section 21 of the Limitation Act would
apply
(b) If a proper or necessary party was not impleaded on account of a
mistake made in good faith the party can be impleaded under Order 1,
Rule 10 of the Code of Civil Procedure, 1908 subject to the limitation
being decided at the time of the disposal of the suit
(c) neither a nor b
(d) both a and b
130. Which of the following maxims relate to the Limitation Act?
27
(a) Vigilantibus non dormentibus jura subveniunt.
(b) Interest republicae ut sit finis litium.
(c) neither a nor b
(d) Both a and b
131. Where any document necessary to establish the right of the plaintiff or
applicant has been fraudulently concealed from him, the period of limitation
shall not begin to run until:
(a) The plaintiff or applicant has discovered the fraud or the mistake or
could, with reasonable diligence, have discovered it
(b) In the case of a concealed document, until the plaintiff or the applicant
first had the means of producing the concealed document or
compelling its production.
(c) neither a nor b
(d) both a and b
132. Section 17(2) relates to the execution of the decree. Where a judgment-debtor
has, by fraud or force, prevented the execution of a decree or order within the
period of limitation, the court may, on the application of the judgment-creditor
made after the expiry of the period of limitation extend the period for execution
of the decree or order. Mark the correct option:
(a) Such application should be made within six months from the date of the
discovery of the fraud or the cessation of force.
(b) Such application should be made within one year from the date of the
discovery of the fraud or the cessation of force
(c) Such application should be made within two years from the date of the
discovery of the fraud or the cessation of force
(d) Such application should be made within three years from the date of
the discovery of the fraud or the cessation of force
133. Which of the following is correct with respect to section 16?
(a) Section 16 is not applicable to cases where death occurs after the right
to sue accrues.
(b) Section 16 is not applicable to appeals. It is only applicable to suits and
applications.
(c) Both a and b
(d) Neither a nor b
134. Which of the following statement is true
28
(a) The power under section 24 of the CPC can be exercised by the High
Court even for inter-State transfer of a suit, appeal or other proceeding,
if it is the common High Court for two states
(b) Section 25 applies to inter-State transfer of a suit, appeal or other
proceeding where both States have a High Court in terms of Article 214
of the Constitution
(c) The power under section 24 of the CPC can be exercised by the High
Court for inter-State transfer of a suit, appeal or other proceeding, if
both states have a separate High Court
(d) Both a and b
135. Mark the correct statement
(a) Short of sufficient funds can be reasonable ground to file appeal after
stipulated time
(b) Short of sufficient funds can be reasonable ground to condone the
delay in filling appeal
(c) short of sufficient funds to pay court fee is not a reason to condone
delay in filing appeal. Such an appeal can be filed in terms of Section
149 CPC and thereafter the defects can be removed by paying deficit
court fees
(d) both a and b
136. Where the numerous person having the same interest in one suit; then:
(a) Representative suit can be filed as a matter of right
(b) Representative suit cannot be filed as a matter of right
(c) Representative suit can be filed only with the permission of the Court
(d) Both (b) and (c)
137. Every endeavour shall be made to ensure that the decree is drawn up :
(a) Within 15 days from date of pronouncement of Judgment
(b) Within in 30 days from the date pronouncement of Judgment
(c) Within 15 days from the date on which the parties has applied for the
decree
(d) Within in 30 days from the date on which the parties has applied for the
decree
138. Mesne profit of property means those profits which the person in wrongful
possession of such property actually received and :
(a) It does not includes interest on such profitsbut includes profit due to
improvements made by the person in such possession.
29
(b) It includes interest on such profits and also includes profit due to
(c) It includes interest on such profit but it does not include profits due to
(d) Neither it includes interest an such profit nor does it include profit due
to improvements made by the person in such possession.
139. Where any party to the suit dies during the trial and no legal representative
have been substituted with in Limitation period the suit shall stand abated,
provided
(a) The Court shall pass a formal order in that regard
(b) The Court shall pass a speaking order in that regard
(c) It is not mandatory for the Court to pass any formal order as suit
automatically abates.
(d) Both (a) & (b)
140. Under Order XVI Rule 1 CPC, 15 days period for providing list of witnesses to
the court is:-
(a) Directory in Nature
(b) Mandatory in Nature
(c) Neither Directory nor mandatory in Nature
(d) Non obstante clause
141. Under Order X Rule 2 of CPC with a view of elucidating the matter in
controversy in the suit Court may examine :
(a) Any person in writing who is able to answer the material Question
(b) In writing the parties to the suit
(c) Orally any person able to answer the material Question
(d) Both (a) & (b)
142. The jurisdiction of court should normally be decided. On the basis of the case
put forward by :
(a) The plaintiff in his plaint
(b) The defendant in his written Statement
(c) Plaint & written Statement are not material for deciding the jurisdiction
of the Civil Court
(d) Both (a) & (b)
143. Which of the following is/are the general principles relating to Jurisdiction of a
Civil Court :
(i) Consent can confer as well as take away the Jurisdiction of a Court
30
(ii) There shall be no presumption in the favour of jurisdiction of a Civil
Court
(iii) A statute ousting jurisdiction of a court must be strictly construed.
(iv) Every Court has judicial power to decide its own Jurisdiction.
Choose the correct option
(a) (i) & (iii)
(b) (i), & (ii)
(c) (i), (ii),(iii) & (iv)
(d) (iii) & (iv)
144. ‘A’ a partnership firm, filed a suit against B to recover Rs. 50000. The suit was
dismissed on the ground that it was not maintainable since the partnership
firm was not registered as required by the provision of Indian Partnership Act,
1932. The firm was thereafter registered and a fresh suit was filed against B
on the same cause of action.
(a) The suit is not barred by Section 11 of CPC
(b) The suit is barred by Section 11 of CPC
(c) The suit is not maintainable at all
(d) Both (b) & (c)
145. Where a suit is dismissed under Order IX Rule 8 of CPC:
(a) A fresh suit on the same cause of action is barred
(b) A fresh suit on the same cause of action is not barred
(c) A fresh suit on the same cause of action is not barred subject to
Limitation
(d) Both (a) and (c)
146. In an execution proceeding, when it is required that the court shall issue the
notice to the person against whom the execution is applied for?
(i) Where an application for execution is made within 2 years of the date
of decree
(ii) Where an application for execution is made more than 2 years after the
date of decree
(iii) Where an application for execution is made against the legal
representatives
(iv) Where an application for execution is made against assignee or
receiver in insolvency, where the party to the decree has been
adjudged to be an insolvent
Choose the correct option
31
(a) (i) & (iii)
(b) (i), & (iv)
(c) (i), (ii) & (iii)
(d) (ii), (iii) & (iv)
147. Where immovable property has been sold in execution of a decree, any
person claiming an interest in the property sold, may apply to have sale set
aside on his deposit in Court, for the Payment to the Purchaser:
(a) A sum equal to 5% of purchase money
(b) A sum equal to 25% of purchase money
(c) A sum equal to 50% of purchase money
(d) A sum equal to 100% of purchase money
148. Who can file the application for review of Judgment?
(a) Decree holder only
(b) Judgment debtor only
(c) Either party to the case considering himself aggrieved by the decree
(d) Either party to the case or third person considering himself aggrieved
by the decree
149. Which of the following article of the Indian Constitution states that ‘there shall
be High Court for every state’?
(a) Article 213
(b) Article 214
(c) Article 215
(d) None of the following
150. What is the total strength of the Supreme Court of India?
(a) 32
(b) 33
(c) 34
(d) 35
151. A person shall not be qualified for appointment as a judge of the Supreme
Court unless:
(a) He has been citizen of India
(b) He has been for at least five years a judge of a High Court
(c) In opinion of the President, a distinguished jurist
32
152. A Supreme Court judge can be removed from the office on which of the
following grounds
(a) Proved misbehavior
(b) Proved incapacity
(c) Proved bribery
(d) Either a or b
153. Which of the following courts are designated as ‘court of record’
(a) Supreme Court
(b) High court
(c) Session court
(d) Both a and b
154. In which of the following matters the hon’ble Supreme Court shall have
jurisdiction?
(a) Any matter in the Union list as the Parliament may by law confer
(b) With respect to any matter as the Government of India or State
Government may by special agreement confer
(c) Both a and b
155. In which of the following matters the Hon’ble Supreme Court exercises
Original Jurisdiction?
(a) Dispute between Center and state
(b) Dispute between states
(c) For enforcement of fundamental rights
156. The President can refer any question of law or fact of public importance to the
Supreme Court of India for its opinion. This jurisdiction of the supreme court is
known as:-
(a) Appellate jurisdiction
(b) Advisory jurisdiction
(c) Presidential jurisdiction
(d) Epistolary jurisdiction
157. The tenure of the present Chief Justice of India is going to end on:-
(a) 10-10-2024
(b) 10-11-2024
(c) 10-12-2024
33
(d) 10-01-2025
158. Till today how many female judges have been appointed to the Supreme
Court of India
(a) 10
(b) 11
(c) 12
(d) 13
159. Who was the longest serving female judge of the supreme court of India?
(a) Justice Fatima Beevi
(b) Justice Ruma Pal
(c) Justice Gyan Sudha Misra
(d) Justice Hima Kohli
160. For the appointment of a judge of the High Court, the consultation of which of
the following is required?
(a) Chief Justice of India
(b) Governor of the State
(c) Chief Justice of the concerned High Court
(d) All of the Above
161. Who will administer an oath to the newly appointed judge of the High Court?
(a) The President
(b) Governor of the State
(c) Chief Justice of India
(d) Any of the Above
162. Who was the longest serving attorney general of India?
(a) M.C Setalvad
(b) K.K Venugopal
(c) Soli s Sorabjee
163. In order to be appointed as the attorney general of India, a person shall be
qualified to be a:-
(a) Judge of the High Court
(b) Judge Of the Supreme Court of India
(c) Judge of any of the above court
164. What is the tenure of the Attorney General of India?
34
(a) 1 year
(b) 3 years
(c) 5 years
(d) None of the above as he holds office during the pleasure if the
President
165. Who was the first solicitor general of Independent India?
(a) M.C Setalvad
(b) C.K. Daphtary
(c) H.N Sanyal
166. Who is the present solicitor general of India?
(a) Tushar Mehta
(b) Ranjit Kumar
(c) Mukul Rohatgi
(d) K. Venugopal
167. What is the tenure of the Solicitor General of India?
(a) 1 year
(b) 3 years
(c) 5 years
(d) None of the above as he hold office during the pleasure if the President
168. Who is the author of the book ‘the untouchables’?
(a) B.Shiva Rao
(b) B.R Ambedkar
(c) C.K. Allen
(d) Dr. Rajender Prasad
169. Who is the author of the book ‘My Own Boswell’
(a) M.C Chagla
(b) M. Hidaytullah
(c) M. C Setalvad
(d) Soli Sorabjee
170. Who is the author of the book ‘My Experiments with truth’
(a) M.K. Gandhi
(b) M.C Chagla
(c) M. Hidaytullah
35
171. Who is the author of the book ‘legally yours’ ?
(a) Justice P.n Bhagwati
(b) Justice V.R Krishna Iyer
(c) Kuldip Nayar
(d) Justice M. Hidaytullah
172. Which of the following judgment is landmark on Custodial Interrogation?
(a) Menaka Gandhi vs Union of India
(b) Nandini Satpathy vs P.L. Dani
(c) Indira Gandhi vs Raj Narain
173. In which of the following judgment the hon’ble Apex Court has given the
Doctrine of ‘Rarest of Rare’ Case?
(a) Minerva mills vs Union of India
(b) Nandini Satpathy vs P.L Dani
(c) Hussainara Kahtoon Vs State of Bihar
(d) Bachan Singh vs State of Punjab
174. By which of the following judgment, the Hon’ble Supreme Court granted
recognition to the transgender as ‘third gender’?
(a) Shakti Vahini vs Union of India
(b) DLSA Vs NCT of Delhi
(c) National Legal Service Authority vs Union of India
(d) None of the Above
175. Who was the First Solicitor General of India?
(a) Soli Sorabji
(b) L N Sinha
(c) H N Sanyal
(d) C K Daphtary
Direction: In the following questions, a sentence has been given in Active / Passive
Voice. Out of the four alternatives suggested, select the one which best expresses
the same sentence in Passive /Active Voice and give the anuswer.
176. The burglar destroyed several items in the room. Even the carpet has been
torn.
(a) Several items destroyed in the room by the burglar. Even the carpet he
has torn.
(b) The burglar, being destroyed several items in the room, also carpet has
torn.
36
(c) Including the carpet, several items in the room have been torn by the
burglar.
(d) Several items in the room were destroyed by the burglar. He has even
torn the carpet.
177. The gardener ought to water the plants daily.
(a) The plants have been watered daily by the gardener.
(b) The plants are ought to water daily by the gardener.
(c) The plants ought to water daily by the gardener.
(d) The plants ought to be watered daily by the gardener.
178. You can play with these kittens quite safely.
(a) These kittens can played with quite safely.
(b) These kittens can play with you quite safely.
(c) These kittens can be played with you quite safely.
(d) These kittens can be played with quite safely.
Direction: In the following questions, Out of the four alternatives suggested, select
the one which is the correct Antonyms:
179. SYCOPHANT
(a) Suppliant
(b) Follower
(c) Flatterer
(d) Admirer
180. SALUBRIOUS
(a) Essential
(b) Tarnished
(c) Benign
(d) Unhealthy
181. VEHEMENTLY
(a) Openly
(b) Widely
(c) Abruptly
(d) Forcefully
Direction: In the following questions, a sentence has been given in Direct/Indirect
Speech. Out of the four alternatives suggested select the one which best expresses
the same sentence in Indirect/Direct Speech
182. Are you alone, my son? asked a soft voice close behind me.
37
(a) A soft voice from my back asked if I was alone.
(b) A soft voice said to me are you alone son.
(c) A soft voice asked that what I was doing there alone.
(d) A soft voice behind me asked if I was alone.
183. I dont know the way. Do you? he asked.
(a) He said that he didnt know the way and did I know it.
(b) He told that he was not knowing the way, but wondered if I knew.
(c) He said that he didnt know the way and asked me if I did.
(d) He asked me if I knew the way which he didnt.
184. Mary said to Robert, Let him come, then we shall see.
(a) Mary said to Robert that if he came, they would see him.
(b) Mary told Robert that they shall see him if he came.
(c) Mary told Robert that once he came, they would see him.
(d) Mary told Robert that they would see him if he might come.
Direction: Read each sentence to find out whether there is any grammatical
mistake/error in it.
185. As and when you are needing / my help, I am / always there to help / you
whole heartedly.
(a) As and when you are needing
(b) my help, I am
(c) always there to help
(d) you whole heartedly
186. In the following questions, a sentence has been divided into four parts and
marked a, b, c and d. One of these parts contains a mistake in grammar Idiom
or syntax. Identify that part and mark it as the answer.
(a) Preetam asked her sister
(b) why had she not gone to the school
(c) the previous day
(d) or applied for leave
187. In the following questions, a sentence has been divided into four parts and
marked a, b, c and d. One of these parts contains a mistake in grammar Idiom
or syntax. Identify that part and mark it as the answer.
(a) The creature on Mars, if any
(b) are bound to be very different from us
(c) not only in shape but also in size
38
(d) because of different gravitational conditions
Direction: Choose the alternative which best expresses the meaning of the idiom/
phrase.
188. To wrangle over an asss shadow :
(a) To act in a foolish way
(b) To quarrel over trifles
(c) To waste time on petty things
(d) To do something funny
189. To be in abeyance :
(a) To be in trouble
(b) Dual minded
(c) In a fighting mood
(d) Insuspense
190. To worship the rising sun :
(a) To honour a man who is coming into office
(b) To honour to promising people
(c) To indulge in flattery
(d) To welcome the coming events
Direction: In the following questions, in the given sentences, a part of the sentence
is underlined. Beneath each sentence, four different ways of phrasing the underlined
part are indicated. Choose the best alternative.
191. When the soldiers realised that they had been fooled, they rush back.
(a) had rush
(b) have rush
(c) had rushed
(d) rushed
192. Education is a strong instrument for moulding the character of the young.
(a) striking
(b) powerful
(c) potent
(d) No improvement
193. All over Russia, Indian films are more popular than those in any other country.
(a) in
(b) that in
(c) that of
39
(d) those of
Direction: In the following questions, Out of the four alternatives suggested, select
the one which is the correct Synonyms.
194. STRINGENT
(a) Dry
(b) Strained
(c) Rigorous
(d) Shrill
195. ADMONISH
(a) Dismiss
(b) Punish
(c) Curse
(d) Reprimand
196. HARBINGER
(a) Messenger
(b) Forerunner
(c) Pilot
(d) Steward
Direction: In the following questions, each word in capital letters is followed by four
words or phrases. Choose the one which is similar in meaning to the word given in
the, capital letters.
197. CANDOUR
(a) Enthusiasm
(b) Openness
(c) Freedom
(d) Intimacy
198. OMINOUS
(a) Threatening
(b) Powerful
(c) Ubiquitous
(d) Burdensome
199. SALACIOUS
(a) Obscene
(b) Wise
(c) Wholesome
40
(d) Confident
200. REPERCUSSION
(a) Reaction
(b) Acceptance
(c) Resistance
(d) Magnificence
41
DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023
COMBINED TEST - II
TEST- VI
Date: 09/12/2023
S. No. Ans. Explanations
1. C Section 20(2) specifies that an Executive Magistrate can be appointed as
an Additional District Magistrate with powers of a District Magistrate as
directed by the State Government.
2. C Section 20(4) mentions that the State Government may place an Executive
Magistrate in charge of a sub-division.
3. B Section 78(1) allows a court to forward a warrant for execution outside its
jurisdiction to an Executive Magistrate, District Superintendent of Police, or
Commissioner of Police within whose local limits the warrant is to be
executed.
4. C Section 91(1) allows any Court or officer in charge of a police station to
issue a summons or written order for the production of a document or thing
necessary for any investigation, inquiry, trial, or other proceeding.
5. D Assistant Public Prosecutors.—(1) The State Government shall appoint in
every district one or more Assistant Public Prosecutors for conducting
prosecutions in the Courts of Magistrates.
(1-A) The Central Government may appoint one or more Assistant Public
Prosecutors for the purpose of conducting any case or class of cases in the
Courts of Magistrates.
(2) Save as otherwise provided in sub-section (3), no police officer shall be
eligible to be appointed as an Assistant Public Prosecutor.
(3) Where no Assistant Public Prosecutor is available for the purposes of
any particular case, the District Magistrate may appoint any other person to
be the Assistant Public Prosecutor in charge of that case :
Provided that a police officer shall not be so appointed—
(a) if he has taken any part in the investigation into the offence with respect
to which the accused is being prosecuted; or
(b) if he is below the rank of Inspector.
6. C Refer Section 96, CrPC
7. A Refer Section 70, CrPC.
8. A It was held in Surjit Sarkar v. State of West Bengal,' that cryptic telephonic
information is not F.IR. under Section 154, Cr. P.C. It was held that in case
investigation is defective its impact on prosecution case depends on the
42
nature of defect. In case investigation leaves glaring loop holes it will lead
to acquittal of accused.
9. B In Youth Bar Association of India v. Union of India, (2017 SC), The SC
issued certain directions in matters relating to FIR.
10. B t was held in State represented by Inspector of Police, Chennai v. N.S.
Gnaneswaran, (2013 SC) that in order to declare a provision mandatory the
test to be applied is as to whether non-compliance of the provision could
render entire proceedings invalid or not. Whether the provision is
mandatory or directory, depends upon the intent of legislature and not upon
the language for which the intent is clothed. But the circumstance that
legislature has used the language of compulsive force is always of great
relevance. Thus applying said test to be provisions of Section 154, Cr. P.C.
inescapable conclusion is that the provisions of section 154(2) are merely
directory and not mandatory as it prescribes only a duty to give the copy of
the F.I.R. A mere non-supply of the copy of FIR to informant does not
vitiate registration of FIR against respondent.
11. A In Barkau v. State of U.P. entirely different testimony was given by the
maker of the first information report It was held that the first information
report can be used to discredit the testimony of the maker of the report and
the prosecution case cannot be thrown out merely on the ground that
entirely different version is given therein by its maker.
12. D The Supreme Court in Ramswaroop Soni v. State of Madhya Pradesh,"
held that it is well settled law that in case a final report is filed by police
under Section 173(2) that no offence is made out against the accused, the
Magistrate has to adopt any one of the following courses :—
(a) He may accept the report and in that case the proceedings would stand
closed;
(b) He may not accept the report and may take cognizance in the matter on
the basis of such final report which was presented by the police;
(c) If he is satisfied by the investigation undertaken by the police, he may
direct further investigation in the matter.
The judicial discretion to be used by the Magistrate at such stage has to fall
in either of the three aforesaid categories.
13. D The object of this section is three-fold.—
(i) to ascertain the facts constituting the offence;
(i) to prevent abuse of process resulting in wastage of time of the Court and
harassment to the accused;
(iii) to help the Magistrate to judge if there is sufficient ground calling for
investigation and for proceeding with the case.
43
14. A The issue of process is a matter for judicial determination. Before issuing
process the Magistrate has to examine the complainant and hence the
issue of process has to be by the Magistrate who has taken cognizance or
by one to whom the case has been transferred. Thus a Magistrate who has
neither taken cognizance nor is one to whom case has been transferred
cannot issue process.
15. C This section provides a mode of proving a previous acquittal or conviction,
A previous acquittal can be proved by an extract from the court record. A
previous conviction can be proved by an extract from the court record or by
a certificate from the jailor or by warrant of commitment. In each case the
identity of the accused should be proved by finger impressions etc.
16. C In this case it was held that the rule of issue-estoppel in a criminal trial is
that where an issue of fact has been tried by a competent court on a former
occasion and a finding has been reached in favour of an accused, such a
finding would constitute an estoppel or res judicata against the prosecution,
not as a bar to the trial and conviction of the accused for a different or
distinct offence, but as precluding the reception of evidence to disturb that
finding of fact when the accused is tried subsequently even for a different
offence which might be permitted by the terms of sub-section (2) of this
section. The rule is not the same as the plea of double jeopardy or autrefois
acquit. The rule of issue-estoppel relates only to the admissibility of
evidence which is designed to upset a finding of fact recorded by a
competent court at a previous trial.
17. B
18. B If the promisee accepts performance at a time other than agreed in a time-
essential contract, they cannot claim compensation for the delay unless
they notify the promisor of their intention to claim such compensation at the
time of acceptance.
19. B As per Section 38 of the Indian Contract Act, if a promisor makes an
unconditional offer of performance to the promisee, and the offer is not
accepted, the promisor is not responsible for non-performance, and he
does not lose his rights under the contract
20. A According to Section 19 of the Indian Contract Act, a contract is voidable if
consent is caused by misrepresentation, unless the party had the means of
discovering the truth with ordinary diligence.
21. D As per Section 38 of the Indian Contract Act, a promisor is not responsible
for non-performance if the offer of performance is unconditional.
22. A Section 26 states all agreements in restraint of marriage, except in the case
of a minor
44
23. D Generally, silence is not deemed as acceptance, but if there's a duty to
speak and one remains silent, their silence may be treated as acceptance.
24. D According to Sec. 63, the party who has the right to demand the
performance of the contract may (i) remit or dispense with it, wholly or in
part, or (ii) extend the time for performance, or (ili) accept any other
satisfaction instead of performance. Law cannot force the parties to take a
legal action for breach of contract. 'An agreement to excuse performance' is
valid, while an agreement not to sue for breach' is void being an agreement
in restraint of legal proceedings.
25. B The right of lien allows an agent to retain possession of the goods of the
principal until the dues are paid.
26. A Guarantees the performance of the contract.
A del credere agent guarantees the performance of the third party and is
liable if the third party defaults.
27. A Ratification of an unauthorized act by the principal can make the act
binding as if it were authorized from the beginning.
28. A Section 172 of the Act specifically defines the bailment of goods for the
purpose of providing security for a loan as 'pledge'.
29. C Quo-Warranto is a writ issued with a view to restraining a person from
acting in a public office to which he is not entitled.
30. A The 42nd Amendment, enacted in 1976 during the Emergency period
under Prime Minister Indira Gandhi, is often called a "Mini Constitution" due
to its wide-ranging impact. It attempted to reduce the power of the Supreme
Court and High Courts, and made significant changes to the Preamble,
Fundamental Rights, and Directive Principles.
31. A The 73rd Amendment Act of 1992 marked a significant step in the creation
of more autonomous and empowered Panchayati Raj Institutions (PRIs). It
added a new Part IX to the Constitution titled "The Panchayats" and also
added the Eleventh Schedule which contains 29 functional items of the
panchayats.
32. A The 86th Amendment Act, 2002, introduced Article 21A in the Constitution,
making education a fundamental right. It made the provision of free and
compulsory education to children aged 6 to 14 years a fundamental right.
33. B The 24th Amendment Act of 1971 was passed in response to the Supreme
Court's decision in the Golaknath case. This amendment gave the
Parliament the power to amend any part of the Constitution, including
Fundamental Rights, but without altering the "basic structure" of the
Constitution.
45
34. C The 61st Amendment Act of 1988 reduced the voting age from 21 years to
18 years for the Lok Sabha and Legislative Assembly elections, thus
expanding the democratic base and including younger voters in the
electoral process.
35. C Article 303(2) allows Parliament to make laws that give preference or
discriminate in trade and commerce if such laws are declared necessary to
deal with situations arising from scarcity of goods in any part of India.
36. C The ruling signifies a modernization of marriage laws, respecting individual
choices and broadening the scope of valid marriages under Hindu law
without traditional rituals.
37. B DPSPs are provided in Part IV of the Indian Constitution (Articles 36 to 51)
and guide the state in making laws and policies.
38. A The Right to Freedom of Speech and Expression, under Article 19, is
exclusive to Indian citizens and not extended to foreigners.
39. A Article 38, which directs the state to secure a social order for the promotion
of the welfare of the people, embodies the concept of a welfare state.
40. B The principle of 'equal pay for equal work' is part of the DPSPs, specifically
under Article 39(d).
41. C Section 43 mandates the Central Government and every State Government
to take measures for public awareness about the Act. It does not explicitly
mention the National Commission for Protection of Child Rights in this
context.
42. C Section 44(2) states that while inquiring into matters related to offences
under the POCSO Act, the National Commission has the same powers as
those vested in it under the Commissions for Protection of Child Rights Act,
2005.
43. C Section 39 specifically mentions that the State Government shall prepare
guidelines for the use of non-governmental organizations, along with
professionals and experts in various fields, to assist the child during the
pre-trial and trial stage.
44. D 'Child pornography' under the POCSO Act includes any visual, written, or
audio content depicting children in sexually explicit acts or conduct.
45. D Section 34 provides that where any offence under the POCSO is committed
by a child, such child shall be dealt with under the provisions of the Juvenile
Justice (Care and Protection of Children) Act, 2015
46. D The Act provides for child-friendly procedures during the judicial process,
including in-camera trials and assistance of an interpreter or expert.
47. C Commercial Appellate Courts re effective from 03.05.2018.
46
48. B HC Judge is entitled to be the Judge of Commercial Division.
49. D The pecuniary jurisdiction of a Commercial Court in Delhi is up to Rs. 2
crores.
50. C State Government in consultation with the Chief Justice of High Court
appoints the Presiding Officer of a Commercial Court.
51. D The bar of section 8 applies upon b0oth, revision applications and revision
petitions.
52. C the maximum time limit for filing a written statement in a commercial
dispute is not later than 120 days in any case. Refer SCG Contracts India
Pvt. Ltd. v. K. S. Chamankar Indfrastructure Pvt. Ltd.
53. A If the Plaintiff does not apply for pre-institution mediation and settlement
before institution of suit, the plaint if liable to be rejected.
54. C The Commercial Court is bound to pass the judgment in 90 days upon
conclusion of arguments.
55. C
56. C The first case management hearing shall be held not later than four weeks
from the filing of affidavit of admission and denial by all parties.
57. D A court, under Order XIIIA may decide a claim including all of the above.
58. B
59. A Refer State of Rajasthan v. Kalki.
60. C In Pandurang Patil v. State of Maharashtra, it has been held that it is not
necessary in all cases that the commission of crime be proved by ocular
evidence by examining before the Court those persons who have seen the
commission of crime. The principle of factum probandum may be proved
indirectly by means of certain inferences drawn from factum probans, i.e,
through evidentiary facts. It is further not necessary that all the eye
witnesse: should specifically refer to distinct acts of each member. Even if
there i discrepancy in this regard, the evidence cannot be rejected.
61. D In Kalua v. State of UP., Kalua was charged with the murder of deceased
by shooting him with a pistol. The circumstantial evidence proved were : (a)
few days before the killing of the deceased the accused had held out a
threat against him, (b) a cartridge was found near the cot of the deceased,
(c) a pistol was recovered from his house, (d) the fire-arm expert gave his
opinion that the cartridge found near the cot of the dead body was fired
from the pistol produced by the accused. It was held, that there could be no
room for thinking in the circumstances established in this case.
62. C In the above case, all the statements are correct.
47
63. A There was no specific provision in the Evidence Act or Code of Criminal
Procedure regarding identification parade of the accused till 2005. By the
amendment of Cr.P.C. in 2005, a new Section 54A was inserted for
identification of person arrested.
64. D The statement made by A that he has been sent by B to make the offer of
the bribe in order to hush up the case which was then under investigation
was admissible not only against the maker of the slatement A but also
against B whose agent the former was in pusuance of the object of the
conspiracy. The statement was admissible not only to prove that B had
constituted A his agent in the preparation of the crime, but also to prove the
existence of the conspiracy itself. Act of one conspirator is act of another.
Under the principle contained in Sation 10 of Evidence Act, once a
conspiracy to commit an illegal act is proved, act of one conspirator
becomes the act of the other. Refer Badri Rai v. State of Bihar.
65. D lf a client appoints a pleader, attorney or counsel and gives him full
authority to conduct his case and gives him full information about facts,
then the admission made by such a counsel under his signature without
some serious mistake is conclusively binding upon the client and cannot
afterwards be withdrawn. When a person engages an advocate or a vakil to
conduct his case, it must follow that he authorises his advocate or vakil to
make binding admission before the court in the course of his conduct of the
case. But an admission of law, where it is erroneous, by the vakil is not
binding on the client.
66. B Such a question is a question of fact which if to be determined in the light of
the circumstances of the case.
67. D If any investigation officer ignorant of Section 162 (1), Cr. P.C. procures the
signature of the person concerned in the statement, it does not mean that
witness's testimony in the court thereby becomes contaminated or vitiated.
The court will only reassure the witness that he is not bound by that
statement albeit his signature finding place thereon, thus apart, the
prohibition contained in subsection (1) of Section 162, Cr. P.C. is not
applicable to any proceedings made as per Section 27 of Evidence Act.
Thus the investigation officer is not obliged to obtain the signature of an
accused in any statement attribute`d to him while preparing the seizure
memo for recovery of any article covered by Section 27 of Evidence Act but
if any signature has been obtained by investigating officer, there is nothing
wrong or illegal about it. Hence, it could not be said that the signature of the
accused in seizure memo would vitiate the evidence regarding recovery of
axes. Refer State of Rajasthan v. Teja Ram.
68. C A dying declaration is admitted in evidence on the principle nemo moriturns
48
proesumitur mentiri' (a man will not meet his maker with a lie in his mouth).
69. A By this evidence of X, the requirement of Section 69 will be fulfilled and the
document shall be proved and read in evidence. Refer Shashi Kumar v.
Subodh Kumar.
70. A the bond having been acted upon for some time, the oral agreement could
not be said to be a condition precedent to the operation of the written
contract within the meaning of proviso 3 and so was not admissible in
evidence.
71. C Section 142 lays down that leading questions should not be put in
examination-in-chief or re-examination if they are objected to.
The Court may permit leading questions to draw the attention of the witness
which cannot otherwise be called to matter under inquiry, trial or
investigation.
72. B On August 9th, the Delhi High Court came out with a new type of order to
keep pace with the “hydra-headed” nature of copyright infringement today,
that is, the Dynamic+ injunction. Proposed by Justice Pratibha Singh, the
order protects not only currently copyrighted works in infringement cases,
but also works as soon as they are produced by the copyright owners
themselves.
73. C Only Appeal and Review are barred by Section 6.
74. B A suit under Section 8 of SRA cannot be filed against the owner.
75. C Specific Performance is mandatory relief after amendment of 2018.
However, it is subject to Sections 11(2), 14 and 16. So it may be denied as
per these sections.
76. C ‘A’ has remedy under Section 26 SRA. In case of Will, the last Will prevails.
So Any number of Wills can be executed. Hence, even if he does not rectify
the existing Will, he can always execute a fresh Will.
77. D Refer Section 12 (3) SRA
78. B Refer Section 23 of SRA – Liquidation of damages is not a bar to claim
specific performance.
79. B Section 31 - Any person against whom a written instrument is void or
voidable, who has reasonable apprehension that such instrument, if left
outstanding, may cause him serious injury, may sue to have it adjudged
void or voidable. Here, the policy is obtained by fraud, hence suit may be
filed for cancellation to have it adjudged void.
80. A Section 42 SRA. Court may grant injunction for performance of negative
injunction.
81. A Trademark is considered as a property for the purpose of Section 38 and
49
the defendant can be perpetually restrained u/s 38 in case of Trademark
infringement.
82. D India have no jurisdiction to try B because neither the offender was an
Indian citizen nor the offence was committed within the territory of India.
83. C Section 34 is just a rule of evidence. It does not create any substantive
offence
84. B Retributive theory of punishment is based upon the notion of vengeance
against the wrong doer. As per this theory, the punishment satisfies the
feeling of revenge.
85. C In India, the child above 7 years but below 12 years of the age enjoys
qualified immunity
86. D The facts shows that the accused ‘A’ attained sufficient maturity to
understand the nature ans consequence of his conduct. Therefore, ‘A’ is
guilty of theft and ‘B’ is guilty of receiving stolen property
87. D All statements are correct
88. A Here ‘A’ ad ‘B’ the accused are not guilty of any offence as they had a
reasonable apprehension of death and acted in right to private defence
89. A Refer Section 106 of the IPC
90. B Mere presence in unlawful assembly cannot render a person liable unless
he was actuated by common object as set out in section 141
91. C Refer section 141 of the IPC
92. C Since there is no actual fight between the A and B, they are not liable for
the offence of affray
95. C A had commited no offence inasmuch as A had put his lock to a shop of
which he a joint owner and he was not aware of the letting out.
96. A Refer Section 403 of the Indian Penal Code
97. C Refer Cox and Kings Ltd. Vs SAP India Pvt Ltd, 5 judges bench, 2023 SC
98. C Refer Director General Central Reserve Police force vs Fibroplast Marine,
2022
99. A Refer Section 36 of the Arbitration and Conciliation Act, 1996. The Court,
while considering the application for grant of stay in the case of an arbitral
award for payment of money shall consider the provisions for grant of stay
of a money decree under the provisions of the CPC, 1908.
100. C Sub-section 4 to section 23 has been inserted by The Arbitration and
50
Conciliation (Amendment) Act, 2019 which provides that the statement of
claim and defence under this section shall be completed within a period of
six month from the date the arbitrator or all the arbitrators, as the case may
be, received notice in writing, of their appointment
101. D The apex Court struck down Section 87 of the Arbitration and Conciliation
Act 1996, which was inserted through the 2019 amendment Act passed by
the Parliament last monsoon session. The court held the provision to be
arbitrary and thus, violative of Article 14 of the Constitution. Delivering the
judgment, Justice Nariman observed, "The retrospective resurrection of an
automatic-stay not only turns the clock backwards contrary to the object of
the Arbitration Act, 1996 and the 2015 Amendment Act, but also results in
payments already made under the amended Section 36 toward holders in a
situation of no-stay or conditional-stay now being reversed.[Hindustan
Construction Company Ltd v Union of India (2019 SC)].
102. C It was held in the case of Inter Ads Exhibition Private Limited s. Busworld
International Cooperative Vennootschap Met Beperkte Anasprakelijkheid,
DHC, 2020, It is clear that a determinable contract can be terminated by
either party. Courts under Section 9 of the Act cannot interfere to grant
injunction against the operation of termination or enforce the agreement.
Even a bare perusal of the provisions of the SRA clearly bars the grant of
the first relief by this Court. Section 14(d) clearly provides that a contract
which in its nature is determinable cannot be specifically enforced.
Therefore, an injunction under Section 9 of the Arbitration Act could not be
granted to revive or restore a contract which is specifically determinable in
nature, and has been duly terminated by one party to the contract.
103. C In Parsvnath Developers Limited & Anr. v. Rail Land Development
Authority,2018-It was held that while exercising the jurisdiction under
section 11 of the Act, the question whether the claim of the petitioner would
be barred under Order II, Rule 2 of the Code of Civil Procedure, 1908 or by
the principles of res judicata or by estoppel are not matters to be
considered.
104. C The applicability of the Act does not depend upon the dispute being a
commercial dispute. Reference to arbitration and arbitrability depends upon
the existence of an arbitration agreement and not upon the question
whether it is a civil dispute or commercial dispute. There can be arbitration
agreements in non-commercial civil disputes also. [H Srinivas Pai v. H.V.
Pai, 2010 (7) SCALE 171].
105. C It was held in Narain Sahai Aggarwal v. Santosh Rani, 1997 (2) Arb LR 322
that Section 9 is of the Act only deals with the interim measure by the court.
It is not within the scope of this section to inquire into the claim and the
51
counter-claim made by both the parties in regard to the custody of the
articles beyond what has been admitted by the respondent.
106. B Refer Section 39 of the Arbitration and Conciliation Act, 1996.
107. C The High Court of Delhi held that in a case where the parties had been
referred to arbitration under section 8 of the Act by directing the parties to
proceed for arbitration, then in such a case the limitation for filing a section
11 petition would run from the date of the order referring parties to the
arbitration and not the original notice of dispute. [Jones Lang Lasalle
Building Operations Private Limited v. Techparl Maintenance Services
Private Limited].
108. C Section 5 of the Arbitration And Conciliation Act, 1996
109. B an order which terminates the arbitral proceedings as the Arbitral Tribunal
finds it impossible or unnecessary to continue the arbitral proceedings,
would not be an award because it does not answer any issue in dispute in
arbitration between the parties; but is an expression of the decision of the
Arbitral Tribunal not to proceed with the proceedings. The court held that
and order terminating the proceedings under section 32(2)(c) of the Act can
be impugned under section 14(2) of the Act. [PCL Suncon v. National
Highway Authority of India].
110. A Sub-section (2A) to section 34 provides that An arbitral award arising out of
arbitrations other than international commercial arbitrations may also be set
aside by the court if the court finds that the award is vitiated by patent
illegality appearing on the face of the award provided that an awards shall
not be set aside merely on the ground of an erroneous application of the
law or by re-appreciation of evidence.
111. C Sub-section (6) to section 34 of the Act provides that an application under
section 34 of the Act shall be disposed of within a period of one year from
the date on which the notice referred to in sub-section (5) is served upon
the other party.
112. A The Committee under the chairmanship of Sh.Naresh Chandra suggested
the creation of LLP, however, it wanted to restrict the LLPs to Professionals
only.
113. B The Limited Liability Partnership (Amendment) Act, 2021 come into force
on 01.04.2022.
114. A Section 34A has been inserted by the amendment of 2021.
115. B Refer section 7, LLP Act.
116. A The Central Government may, for the purpose of providing speedy trial of
offences under the Act, by notification, establish or designate as many
Special Courts as may be necessary for such area or areas, as may be
52
specified in the notification
117. A The Act of 21 omitted section 73, LLP Act which provided for penalty on
non-compliance of any order passed by Tribunal.
118. C Refer Section 39, LLP Act.
119. D Refer Section 72, LLP Act.
120. A The LLP Act received its presidential assent on 07.01.2009.
121. A A suit is deemed to be instituted for the purpose of limitation when the
plaint is filed in the appropriate court.
122. A The limitation period for the enforcement of a foreign judgment in India is
three years from the date when the judgment becomes enforceable.
123. A Section 18 of the Limitation Act, 1963, deals with the effect of
acknowledgment in writing, which can extend the limitation period.
124. A The limitation period for a suit for compensation for an act that is actionable
without proof of actual damage is one year under the Limitation Act, 1963.
125. B
126. A Where a post-dated cheque is accepted conditionally and it is honoured,
the payment for purpose of section 19 can only be on the date which the
cheque bears and cannot be on the date the cheque is handed over;
Jiwanlal Achariya v. Rameshwar Lal Agarwala, AIR 1967 SC 1118.
127. C Refer section 18(2), Limitation Act, 1963.
128. C As per section 18, acknowledgment can be with respect to not only
property or right but it can be even with respect to the liability; Nand Lal
Thanvi v. LRs of Goswami Brij Bhushan, AIR 2003 NOC 52 (Raj).
129. D Refer Atul Anand v. Nanak Food Industries, AIR 2007 (DOC) 8 (Del) and
Gummidi Ramulu v. Gadey Srinivasa Rao, (1994) 2 CCC 271 (AP).
130. D Both the maxims relate to the law of limitation.
131. D Where any document necessary to establish the right of the plaintiff or
applicant has been fraudulently concealed from him,
The period of limitation shall not begin to run until
→ The plaintiff or applicant has discovered the fraud or the mistake or
could, with reasonable
diligence, have discovered it; or
In the case of a concealed document, until the plaintiff or the applicant first
had the means of
producing the concealed document or compelling its production.
132. B Section 17(2) relates to the execution of the decree. Where a judgment-
53
debtor has, by fraud or force, prevented the execution of a decree or order
within the period of limitation, the court may, on the application of the
judgment-creditor made after the expiry of the period of limitation extend
the period for execution of the decree or order. Such application should be
made within one year from the date of the discovery of the fraud or the
cessation of force.
133. C Both the statements are correct.
134. D Refer Newaz Khan vs State of Nagaland, 2023 SC
135. C refer Ajay dabra vs Pyare Ram, 2023 SC
136. D Refer order 1 rule 8 of the CPC
137. A Refer Order XX rule 6A of the CPC
138. C Refer Section 2 of the CPC
139. C It is not mandatory for the Court to pass any formal order as suit
automatically abates, though the court usually records the abetment of suit.
140. A Under Order XVI Rule 1 CPC, 15 days period for providing list of witnesses
to the court is directory in nature in view of order XVI rule 16(3)
141. C refer Order X rule 2 of the CPC
142. A The jurisdiction of court should normally be decided. On the basis of the
case put forward by the Plaintiff in his Plaint
143. D Consent cannot confer or take away the jurisdiction of a civil court. The
court always presumes that it has the jurisdiction to try the suit.
144. A The suit is not barred by res judicata as the former suit was not heard and
decided upon merits
145. A Refer Order IX rule 9 of the CPC
146. D Refer order XXI rule 22
147. A Refer order XXI Rule 89 of the CPC
148. D Refer Order XLVII rule 1 of the CPC
149. C
150. C
151. D
152. D
153. D
154. C
155. D
156. B
54
157. B
158. B
159. B
160. D
161. B
162. A
163. B
164. D
165. B
166. A
167. B
168. B
169. B
170. A
171. B
172. B
173. D
174. C
175. D
176. D
177. D
178. D
179. C
180. D
181. D
182. D
183. C
184. D
185. A
186. B
187. A
188. B
189. D
55
190. A
191. D
192. B
193. D
194. C
195. D
196. B
197. B
198. A
199. A
200. A
56

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Rahul’s a blue print of succe ss

DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023

Total Questions: 200

1. Which of the following is true regarding an Additional District Magistrate as

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