Mcq question paper-1(02/06/2019)

1) It was held by the supreme court that “preamble is the basic feature of
constitution” in?
a)Golaknath case b)Keshawanandha Bharti
c)Maneka Gandhi Case d)Swam singh

2)Constitution of India has borrowed the ideas of Preamble from?

a)Italian Constitution b)Constitution of USA
c)Canadian Constitution d)French Constitution.

3)The expression “Prosecution” under Article-20(2) contemplates?

a)The proceedings should not be under a law which creates offence.
b)guilt is not criterion for prosecution.
c)a person must be accused of an offence.
d)prosecution is possible only after the final verdict from the court.

4)Reservation of seats in educational institutions in favor of scheduled

castes and tribes are governed by?
a)article 15(4) b)Article 16(4)
c)only a c) both and b

5)Doctrine of self incrimination means?

a) no person accused of an offence can be judge against himself.
b)no person accused of an offence can be compelled to be witness
against himself.
c)no person accused for an offence can be compelled to be witness
against others.
d) no advocate accused of an offence can be compelled to give evidence
against himself.

6)Under section 219…………. number of offences of the same kind within ……

months may be charged together?
a)2:6 b)3:9
c)3:12 d)4:18

7)Classification of the summons case and warrant case?

a)helps in determining the trail procedure to be adopted.
b)helps to decide the question of issuance of process to the accused.
c)helps in determining the investigation procedure to be adopted
d) both a and b

8)Attachment of the property of the person absconding, can be..

a)issued after publication of the proclamation.
b)issued before publication of the proclamation.
c)issued simultaneously with the issue of proclamation.
d)all the above
9)A proclaimed person whose property has been attached can claim the
property or the sale proceeds on appearance?
a)witnin 1 year of attachment b)within 2 years of attachment
c) within 3 years of attachment d) within 4 years of attachment

10)A police officer has to inform the person arrested, the grounds of arrest
and right of bail if the offence is bailable?
a) section 40 Cr.p.c b) section 50 Cr.p.c
c) section 60 Cr.p.c D) section 70 Cr.p.c

11)C sees A running away from a room and afterwards sees B lying down in
a pool of blood in the same room, his evidence is as far as seeing A running
away is direct, but as far as the murder is concerned, it is ………evidence?
a)primary b)circumstantial
c)real d)substantial

12)Section ……. of indian evidence act deals with latent ambiguity?

a)92 b)93
c)94 d)95

13)Law of evidence is ?
a)Lexfori b)Lex Loci Solutionis
c)lex situs d)lex tallienis

14)Under Evidence act , Fact means?

a) Factum Probandum b)Factum probans
c)both a and b d)none

15)The facts which form part of the same transaction are relevant under
section………of Indian Evidence Act?
a)6 b)7
c)8 d)9

16)A digs a pit in the way through which B passes and conceals it with grass
etc, with intention of killing B. C passess through that way and falls in the pit
and is killed. A is not liable for killing C as A never intended it.
a)true b)partly true
c)false d)none

17)According to which section of IPC nothing is an offence which is done by

a person who is justified by law or who by reason of mistake off acts, in
good faith believes himself to be justified by law in doing it?
a)77 b)78
c)79 d)80

18)Fradulently means doing anything with intent to defraud as defined

under section ………of IPC?
a)23 b)24
c)25 d)26

19)To establish section 34 of Indian penal code?

 a)common intention and overt act both to be proved.
b)common intention to be proved but not overt act to be proved.
c)common intention need not be proved but overt act to be proved.
d) all the above

20)The word “Animal” denotes?

a)any living creature including human being.
b)any living creature other than human being
c)any creature – live or dead
d)either a or c.

21)Section 73 of IPC provides for the maximum limit for a sentence of

solitary confinement to be.
a)3 months b)6 months
c)1 year d)2 years

22)Which of the following is not a decree?

a)dismiss in default b)rejection of plaint
c)both a and b d)none

23)Jurisdiction of civil court can be barred?

a)expressly b)impliedly
c)either a or b d)none

24)Doctrine of Res-judicata as contained in section-11 of CPC is based on

the maxim.
a)Nemo debet bis vexari pro uno eteadem causa
b)interest republicae ut sit finis litium
c)both d)none

25)The court may impose a fine for default upon a person required to give
evidence or to produce documents directed under section 30(b) CPC and
such fine as per section 32(c) not to exceed?
a)500/- b)1000/-
c)5000/- d)10,000/-

26)Second appeal shall not lie from any decree, as provided under section
102 of CPC when the subject matter of the original suit is for recovery of
money not exceeding?
a)10,000/- b)25,000/-
c)50,000/- d)1,00,000/-

27)An agreement enforceable by law at the instance of one party and not of
other party under section 2(i) ICA is called?
a)valid b)illegal
c)void d)voidable

28)Past consideration is valid in ?

a)England b)India
 c)both A and B d)none

29)An agreement shall be void on account of ?

a)mistake of fact by one party.
b)mistake of fact by both the parties
c)mistake of foreign law d)both A and B

30)An agreement without consideration is valid?

a)when made out of love and affection due to near relationship.
b)when made to compensate a person who has already done something
voluntarily.
c)when made to pay a time barred debt.
d)All the above

31. ‘A’ instituted a suit against ‘B’ and ‘C’ on 6.12.2012. ‘D’ was added as a
plaintiff on 20.11.2014. When is suit deemed to have been instituted as
regards ‘D’?
a) On 6.12.2012
b) On 20.11.2014 subject to court directing any earlier date
c) On any date as agreed by ‘B’ & ‘C’
d) None of the above

32. Sandeep executed a promissory note in favour of Vijay for Rs. 5 lakhs on
18.10.2010. On 15.11.2013 he has acknowledged his liability in writing
under his signature. On 16.12.2013 Vijay filed suit for recovery. The suit is:
a) barred by limitation
b) not barred by limitation
c) maintainable on condonation of delay
d) maintainable subject to discretion of court

33. ‘A’ institutes suit against ‘B’ in a civil court and realises that he instituted
the suit which lacks jurisdiction. Under which provision of the Limitation
Act, 1963, can such period be excluded for computing limitation?
a) Section 5
b) Section 14
c) Section 17
d) Section 13

34. What is limitation period for filing a suit under Section 6 of the Specific
Relief Act?
a) 1year
b) 3 years
c) 6 months
d) 12 years

35. The following can be transferred under the Transfer of Property Act:
a) a right to future maintenance
b) salary of a public officer whether before or after it has become payable c)
a mere right to sue
d) assignment of property

36. ‘Immovable property’, as defined under the Transfer of Property Act

includes:
a) standing timber
b) growing crops
c) agricultural land
d) grass

37. A is the paternal uncle of ‘B’. His wife ‘C’ died recently. They have no
children. ‘B’ is taking complete care of ‘A’. ‘A’ has suffered a major heart
attack a couple of months ago. ‘A’, therefore executed a will bequeathing all
his immovable properties in favour of ‘B’ and got it registered. To clear some
of the hospital bills, ‘B’ intends to sell and transfer some of the immovable
properties owned by ‘A’. Can he do so?
a) yes
b) yes, if there are no Class-I or Class-II heirs of ‘A’ available
c) no
d) none of the above

38. Where, on a transfer of property, an interest therein is created in favour

of a person to take effect only upon the happening of a specified uncertain
event, such interest is called:
a) vested interest
b) contingent interest
c) eventual interest
d) preferential interest

39. Can one of several co-owners of immovable property transfer his share
of such property or interest therein in favour of another person who is not a
member of the family?
a) yes
b) no
c) yes, if the co-owners give their consent
d) yes, if the co-owners have been given the first option for transfer

40. If the donor dies before acceptance of the gift by donee?

a) the gift is valid
b) the gift is void
c) the gift is voidable
d) none of the above

41. Doctrine of lis pendense provided under Section 52 of the Transfer of

Property Act lays down:
a) pending suit, parties are prohibited to alienate the property
b) parties are at liberty to alienate the property
c) if alienation is made, it is subject to certain conditions
d) the parties are bound by the decree passed by the court 9
42. ‘A’ has a chance to succeed to the property of ‘B’ in future,
a) he can alienate his right
b) he cannot alienate his right
c) he can alienate his right under certain circumstances
d) none of the above

43. ‘A’ wants to gift away landed property worth Rs. 2 lakhs in favour of a
Deity:
a) the gift shall be registered
b) the gift need not be registered
c) the gift does not require registration if the leave of the court is obtained

44. Who is a ‘tenant holding over’?

a) person having subsisting lease
b) person having right for grant of lease
c) person whose lease is terminated but continues in possession
d) none of the above

45. What is essential ingredient to claim part performance under Section

53-A of the Transfer of Property Act?
a) payment in full
b) written agreement
c) 50% payment
d) Written agreement, payment in full followed by possession of the
transferee

46. The Indian Penal Code extends to:

a) the whole of India
b) the whole of India except Arunachal Pradesh
c) the whole of India except Nagaland and Mizoram
d) the whole of India except Jammu & Kashmir

47. The provisions of the Indian Penal Code shall apply also to any offence
committed by:
a) a person of Indian origin and a citizen of a foreign country in any place
beyond India
b) any person on any ship or aircraft registered anywhere in the world
c) any citizen of India in any place beyond India
d) any person in any place without or beyond India, committing offence
targeting a computer resource located anywhere in Common Wealth
Nations

48. Whoever harbours an officer who has deserted the Army is liable to be
punished under Section 136 IPC with imprisonment for a term which may
extend to two years. This provision does not extend to the case in which the
harbour is given by:
a) a wife to her husband
b) a mother to her son
c) a sister to her brother
d) none of the above

49. ‘A’ in exercise in good faith of right of private defence caused death of ‘B’
with the knowledge that it is likely to cause his death but without the
intention of causing his death. ‘A’ is liable to be sentenced
a) to imprisonment for life
b) to imprisonment for 10 years or fine or with both
c) death
d) not liable for conviction

50. In case of dowry death punishable under Section 304B of IPC, the
presumption under Section 113B of the Indian Evidence Act shall be drawn
if the death takes place within how many years of marriage?
a) 9
b) 6
c) 11
d) 7

51. In an offence of rape, the consent given by a minor is no consent. What is

the age of minor mentioned in section 375 of IPC:
a) 16 years
b) 18 years
c) 21 years
d) 14 years

52. An instrument in writing containing an unconditional undertaking

signed by the maker to pay a certain sum of money only to, or to the order
of a certain person or to the bearer of the instrument is called:
a) cheque
b) currency note
c) bill of exchange
d) promissory note

53. When no interest rate is specified in the instrument, Section 80 of the

Negotiable Instruments Act requires interest on the amount due thereon to
be calculated at the rate of:
a) 18% per annum
b) 15% per annum
c) 12% per annum
d) 9% per annum

54. The section governing the dishonour of cheque for insufficiency of funds
is:
a) section 132
b) section 129
c) section 138
d) section 136

55. A promissory note is required to be attested by a minimum of

a) one witness
b) two witnesses
c) three witnesses
d) no attestation is required

56. Ram holding an account in a bank at Hyderabad issued a cheque to

Krishna, a resident of Vijayawada for discharging his liability in respect of a
transaction which took place at Chittoor. The said cheque got dishonoured
where can Krishna filed complaint under Section 138 of the Negotiable
Instruments Act.
a) Hyderabad
b) Vijayawada
c) Chittoor
d) Any place of his choice

57. Which of the following is not a negotiable instrument?

a) promissory note
b) bond
c) bill of exchange
d) cheque

58. Under section 85 of the Registration Act, documents (other than wills)
remaining unclaimed in any registration office for a period exceeding _____
may be destroyed:
a) two years
b) eighteen months
c) one year
d) six months

59. Under Section 47 of the Registration Act a document once registered

takes effect from:
a) the date of registration
b) one month after the date of registration
c) the date of its execution
d) one month after the date of execution

60. A certificate of sale granted to the purchaser of any immovable property

sold by public auction, by a civil or revenue officer, the value of which
exceeds Rs.100:
a) is not liable to be compulsorily registered
b) is liable to be compulsorily registered
c) the authority who conducted the auction can grant exemption from
compulsory registration
d) the Collector of the District in which the property is located when applied
for, can grant exemption from compulsory registration.

61. Under Section 33 (1) of the Stamp Act, every person incharge of a public
office, except ______, may impound an instrument which is not duly stamped:
a) a District Court
b) the Sub Collector
c) the Tahsildar
d) a police officer

62. Under Section 35 of the Indian Stamp Act, no instrument chargeable

with duty, unless such instrument is duly stamped, shall be admitted in
evidence:
a) except regarding any collateral transaction only
b) for any purpose
c) except in the case of a contract in a suit for specific performance only
d) both (a) and (c)

63. Under Section 30 of the Indian Stamp Act, any person receiving any
money exceeding _________ rupees shall, on demand by the person paying the
money, give a duly stamped receipt for the same:
a) ten
b) twenty
c) fifty
d) hundred

64. An insufficiently stamped instrument can be admitted in evidence

upon:
a) payment of the differential amount which would make up the duty
properly chargeable
b) payment of the differential amount together with penalty of Rs. 5/- or ten
times the differential amount whichever is higher
c) payment of the differential amount together with fixed penalty of ten
times the duty chargeable
d) payment of the normal duty chargeable upon the instrument

65)A decree of judicial separation ?

a) judgment in rem
b)judgment in personam
c)either a or b
d)none

66)Under section 12 of Hindu Marriage Act, the number of grounds which

are exclusively available to the wife is ?
a)2
b)3
c)4
d)5

67)A Hindu ceases to be Hindu by

a)renunciation
b)abandonment
c)conversion
d)either A or B or C
68. Where a suit has been duly instituted summons may be issued to the
defendant, under section 27 of the Civil Procedure Code, to be served in the
manner prescribed on such day not beyond _________ days from the date of
institution of the suit:
a) 30
b) 60
c) 90
d) 120

69. Under Section 40 of the Civil Procedure Code, where a decree is sent for
execution in another State, it shall be sent to such Court and executed in
such manner as may be prescribed by rules in force:
a) in the State where the decree was passed
b) in the State where the decree was sent for execution
c) either of the above
d) neither of the above

70. Pleading means:

a) plaint or rejoinder
b) plaint or written statement
c) plaint or written statement or rejoinder
d) plaint

71. When a suit is pending in a Foreign Court,

a) the trial of the very same suit in India is barred
b) it is not barred
c) it is not barred if it is not based on the same cause of action
d) none of the above

72. Both parties entered into agreement that the suit has to be filed at place
– A. But the part of cause of action arose at places B and C also,
a) the suit is maintainable at places – A, B and C
b) suit is maintainable at place – B only
c) with the leave of the Court, can be filed at places – A, B or C
d) none of the above

73. Objection as to the pecuniary jurisdiction of the Court of first instance

can be taken in the appellate court
a) at any time before the disposal of the appeal
b) cannot be taken unless the objection was taken in the court of first
instance before the settlement of issues
c) can be taken at any time on the ground that there has been a consequent
failure of justice
d) none of the above

74. The judgment debtor in execution proceedings raised objection that the
trial court has no jurisdiction over the subject matter
a) he cannot raise such objection unless he raised the same before the trial
court
b) he has to challenge the same only by way of filing the appeal
c) he can raise the said issue for the first time in executing court
 d) none of the above

75. In a money suit the court granted interest at the rate of 12% per annum
from the date of suit till the date of decree. The decree is silent about
payment of further interest on principal sum from the date of decree to the
date of payment. In such an event
a) further interest can be granted at the rate of 12% per annum in the
execution petition
b) further interest can be granted at the rate of 6% per annum in the
execution petition
c) no such further interest can be granted as the court shall be deemed to
have refused such further interest
d) none of the above

76. After pronouncing judgment the court found that there are some
clerical and arithmetical mistakes
a) it cannot correct them and they can be corrected by appellate court only
b) it can correct if both parties agree for such correction
c) it can correct on its own without notice to the parties
d) none of the above

77. What is meaning of expression ‘indigent’?

a) made in India
b) a liberal and carefree person
c) dishonest person
d) pauper

78. A suit is filed against ‘A’ and his sons, daughters and wife for declaration
of ownership of plaintiff and permanent injunction. ‘A’ dies pending suit. No
application is filed for setting aside abatement and for substitution.
Whether the suit abates?
a) no
b) yes
c) no, if the Court passes order for addition of State
d) none of the above

79. Application under Order 6, Rule 17 C.P.C., for amendment of written

statement to
withdraw admissions of plaintiff’s claim. Whether permissible?
a) yes
b) no
c) no, beyond 30 days from the date of filing of written statement
d) none of the above

80. On completion of investigation, the officer incharge of a police station shall

forward the police report under Section 173 (2) Cr.P.C., to:
a) Sessions Court
b) High Court
c) District Collector
d) Magistrate empowered to take cognizance of the offence

81. In the absence of a special order of a Magistrate, no police officer shall

detain in custody a person arrested without warrant for a period exceeding
________ hours, exclusive of the time necessary for the journey from the place of
arrest to the Court of the Magistrate.
a) 12 hours
b) 24 hours
c) 36 hours
d) 48 hours

82. Under Section 125 Cr.P.C., a Magistrate can order a person to make a
monthly allowance for the maintenance of:
a) his married daughter who has attained majority
b) his brother
c) his sister
d) his father

83. Maximum sentence prescribed for offences in a summons case is:

a) two years
b) one year
c) three years
d) five years

84. Amendment to the Code of Criminal Procedure can be made

a) by Parliament
b) by State Legislature
c) by both
d) none of the above

85. Cognizable offence means

a) offence of serious nature
b) non bailable offence
c) bailable offence
d) an offence where police officer may arrest without warrant

86. In a complaint to the Magistrate

a) name of the accused shall be mentioned
b) name of the accused need not be mentioned
c) name of the accused need not be mentioned if the descriptive particulars
of the accused are given
d) none of the above

87. Police report under the Code of Criminal Procedure means

a) report given to the police
b) complaint
c) charge sheet
d) none of the above

88. At the stage of consideration for application for discharge can the
accused summon a document or thing?
a) he has a right to summon
b) he has no right to summon
c) he can exercise such right with the permission of the court
d) none of the above

89. The investigating officer while recording statement of a witness under

section 162 Cr.P.C.,
a) shall obtain the signature of the witness
b) shall not obtain the signature of the witness
c) it is left to the discretion of the Investigating Officer
d) none of the above

90. After taking cognizance the Magistrate issued process to the accused
a) he can reconsider his decision
b) he has no power to reconsider his decision
c) in exceptional circumstances he can reconsider his decision
d) none of the above

91. An “admission” can be used against

a) a witness
b) party who makes it
c) opposite party
d) none of the above

92. Evidence of hostile witness

a) cannot be taken into consideration for any purpose
b) it can be relied on by the prosecution
c) it can be relied on by the defence
d) it can be relief on by the prosecution as well as the defence

93. Motive becomes more relevant in a case based on

a) direct evidence
b) circumstantial evidence
c) direct and circumstantial evidence
d) none of the above

94. In an application seeking bail in a non-bailable offence

a) notice to the prosecution is not necessary
b) notice is mandatory
c) notice is mandatory only when the provision relating to the offence
alleged so requires
d) none of the above

95. Which of the statements is correct?

a) a related witness is unreliable
b) a related witness is reliable
c) evidence of related witness shall be subjected to strict scrutiny
d) none of the above

96. When the evidence is improperly admitted or rejected at the trial

a) it shall be ground for new trial
b) it shall not be ground for new trial
c) it shall be ground for new trial, when there was no sufficient evidence,
other than the evidence which was objected to
d) none of the above

97. In a criminal case, previous good character is

a) not relevant
b) relevant
c) relevant in rare cases
d) none of the above

98. Evidentiary value of report of handwriting expert?

a) conclusive
b) opinion subject to acceptance by court
c) nil, since irrelevant
d) none of the above

99. Rule 5 of the Criminal Rules of Practice enables cases relating to Juvenile
Offenders and women to be tried:
a) in camera
b) open court house
c) mobile courts
d) all the above

100. Effect of death of the sole defendant in a money suit in between the
date of conclusion of the hearing and that of the pronouncement of the
judgment:
a) suit abates
b) suit does not abate, judgment can be pronounced
c) judgment cannot be pronounced, re-hearing of the suit
d) none of the above