Mock Test Paper 8 for Delhi Judicial Service Prelims, 2018

Mock Test Paper 8 for Delhi Judicial Service Prelims, 2018

Instructions

The duration of the paper is 2 hours 30 mins.
Every question carry equal marks, of 1 mark each and there is 0.25 negative marking.
Check the answers at the end of the post.

Ques. 1. Which of the following is not a decree?

1. An order returning the plaint to be presented to the proper court.
2. An order rejecting an application for an order to set aside ex parte decree.
3. Rejection of a plaint.
4. Both a and b.

Ques. 2. A Judgement should contain:

1. A concise statement of the case.
2. Issues.
3. Decision and reasons for it.
4. All of the above.

Ques. 3. Which of the following is a judgment-debtor:

1. A surety.
2. A person who is party to the suit, but no decree has been passed against him.
3. Both a and b.
4. Only a.

Ques. 4. Which of the following courts cannot entertain and decide an appeal:

1. Courts of Civil Judge.
2. District Court.
3. High Court.
4. Both a and b.

Ques. 5. Which maxim is applicable in relation to the doctrine:

1. Interest republicae ut sit finis litium i.e. it is to the interest of the State that there be an end to litigation.
2. Nemo debet lis vezari pro uno eteaden causa i.e. no one shall be vexed twice over for the same cause of action. 
3. Both 1 and 2. 
4. None of the above. 

Ques. 6. When a party files a suit, he must bring the suit complete. He must include all facts pertaining to that case and must claim all the reliefs that he is entitled to. Failure to do so would bar such a party from raising those pleas again. This is called.

1. Constructive res judicata.
2. Res Judicata.
3. Express res judicata.
4. None of the above.

Ques. 7. In which of the following cases, a matter cannot be said to have been finally decided, and thus, res judicata will not apply:

1. The former suit was dismissed by the trial court for want of jurisdiction.
2. The former suit was dismissed for default of plaintiff’s appearance.
3. The former suit was dismissed on the ground of non-joinder or misjoinder of parties.
4. All of the above.

Ques. 08. Under Section 21, objection as to the place of suing can be taken:

1. Only before the court of first instance at the earliest opportunity.
2. Before the appellate court for the first time.
3. Before the court of revision for the first time.
4. None of the above.

Ques. 09. Under O. 1, R. 1, all persons may be joined in one suit as plaintiffs where:

1. Any right to relief arises out of the same act in favour of such persons.
2. Any common question of law or fact is involved.
3. All persons have a common cause of action.
4. All are correct.

Ques. 10. O. 6, R. 16 empowers the court, at any stage of the pleadings, to strike out my matter contained in it.

1. If it is unnecessary, scandalous, frivolous or vexatious.
2. If it tends to prejudice, embarrass or delay the fair trial of suit.
3. If it is an abuse of the process of the court.
4. All of the above.

Ques. 11. An amendment in pleading will be effective from the date of the:

1. Order
2. Application
3. Pleading
4. None of the above.

Ques. 12. Where the plaint has been rejected, the plaintiff on the same cause of action:
May presume a fresh suit.

1. Cannot present a fresh suit.
2. May present a fresh with the leave of High Court.
3. None of the above.

Ques.13. Who shall bear the expenses for the summoning of a witness?

1. The plaintiff.
2. The defendant.
3. The party applying for the summons.
4. The court.

Ques. 14. A written statement is:

1. A reply to the plaint filed by the plaintiff.
2. The pleading of the defendant or of the plaintiff in certain cases.
3. Both 1 and 2.
4. Only 1.

Ques. 15. A application to set aside an interrogatory must be made within how many days of the service of interrogatories?

1. 8 days.
2. 9 days.
3. 15 days.
4. 7 days.

Ques. 16. Which of the following is not an effect of setting aside an ex parte decree:

1. Restoration of suit.
2. Commencement of trial de novo.
3. Evidence that had been recorded in the ex parte proceedings is taken into account.
4. None of the above. 

Ques. 17. Order 17 contains provisions for:

1. Adjournments of suits.
2. Stay of suits.
3. Cross-examination of witness.
4. Service of summons.

Ques. 18. Under Section 34, the court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. The rate of such interest shall not exceed:

1. Nine per cent per annum.
2. Ten per cent per annum.
3. Six per cent per annum.
4. Twelve per cent annum.

Ques. 19. The I.P.C. is extended to the Whole of India except the State of 

1. J&K.
2. NEFA
3. All UTs and States.
4. Whole of India.

Ques. 20. With reference to criminal law response to the following

1. Prosecution to sue the defendant.
2. Plaintiff to prosecute the defendant.
3. Plaintiff to sue the defendant.
4. Prosecutor to prosecute the defendant.

Ques. 21. The maxim ‘Actus non facit reum, nisi mens sit rea’ means

1. Guilty mind givens birth to crime.
2. There can be no crime without a guilty mind.
3. Crime is a child of guilty mind.
4. Criminal mind leads to crime.

Ques. 22. In which of the following, mens rea is not essential:

1. Strict or absolute liability.
2. Public nuisance.
3. ’Ignorance of law is no excuse’-maxim.
4. All are correct.

Ques. 22. Both A and B went to field to protect crop being reaped forcibly by opposite party and in course of that A killed a person.

1. Both A and B are liable for murder.
2. Only A is liable for murder.
3. Only B is liable for murder.
4. None of these.

Ques. 24. General exceptions are laid down in the IPC in

1. Chapter VI.
2. Chapter IV.
3. Chapters IV and VI.
4. Chapter VIII.

Ques. 25. A and B went to a jungle to shoot porcupines. They agreed to take up certain positions to lie on wait for the game. After a while, A hearing the rustle and believing it was a porcupine, fired in that direction. The shoot hit B and killed him.

1. A is guilty of murder.
2. A is not guilty of any offence, as it was a case of pure accident under Section 80, IPC.
3. A is guilty of criminal negligence.
4. None of the above in correct.

Ques. 26. Good faith within the meaning of the Indian Penal Code (Section 52) means

1. An act one with due care and attention.
2. An actual belief that the act done is not contrary to law.
3. An act, in fact, done honestly.
4. An act done under bona fide belief.

Ques. 27. Which one of the following conclusions can be drawn from de minimis non curat lex?

1. Necessity knows no law.
2. Nothing is an offence done by a child under 7 years of age.
3. Every person is liable for his own acts.
4. Trifling acts do not constitute an offence.

Ques. 28. Right of private defence of the body extends to voluntarily causing death if the offence, which occasions the exercise of right

1. Reasonably causes apprehension that death will be caused.
2. Reasonably causes an apprehension that simple injury will be caused.
3. Is of escaping with stolen property immediately after the theft.
4. Is of arresting a person who is running away after having committed an offence of voluntarily causing hurt.

Ques. 29. In which of the following, the right of private defence do not extends to cause death of the offender?

1. Rape.
2. Gratifying unnatural lust.
3. Causing miscarriage.
4. Kidnapping.

Ques. 30. A instigates his six- year-old daughter B to take away from C, a purse containing Rs. 1500. In this case which one of the following statements is correct?

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

Ques. 31. ‘A’ returns licensed weapon belonging to ‘B’ on his demand with which ‘B’ commits a murder. ‘A’ is 

1. Guilty of abetment of murder.
2. Guilty of murder by instigation.
3. Not guilty of abetment.
4. None of the above.

Ques. 32. Screening an offender involves causing the disappearance of evidence of an offence.

1. Giving false information.
2. Offering, or causing to offer, or agreeing to offer, any gratifying of property in consideration.
3. All of the above.

Ques. 33. Give the correct response:

1. All murders are culpable homicide but not vice versa.
2. All culpable homicide not amounting to murder (Section 299).
3. A murder can never be a culpable homicide.
4. None of the above.

Ques. 34. The above problem is based on which of the following case:

1. Public Prosecutor vs. M. Suryanarayan Moorthy.
2. Palani Goundan vs. Emperor.
3. Rajwant Singh vs. State of Kerala.
4. Virsa Singh vs. State of Punjab.

Ques. 35. X having sufficient food does not provide some food to a beggar who dies of hunger. X is guilty of

1. No offence.
2. Attempt to murder.
3. Murder.
4. Causing death by rash or negligent act.

Ques. 36. A try to pickpocket B. B has a loaded pistol in his pocket. A’s hand touches the pistol and triggers it, resulting in the death of B.

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

Ques. 37. Fracture or dislocation of a tooth is a

1. Simple hurt.
2. Grievous hurt.
3. Assault
4. None of the above.

Ques. 38. A threatens to set a dog at Z, if Z goes along a path by which Z has a right to go. The dog is not really savage, but A causes Z to think so. Z gives up the attempt. A is guilty of

1. Wrongful Restraint.
2. Wrongful confinement.
3. Both a and b.
4. None of the above.

Ques. 39. Under Section 8 of the Evidence Act, which of the following is relevant?

1. Motive
2. Preparation
3. Conduct (previous or subsequent).
4. All of the above.

Ques. 40. Admissions can be made by

1. A party to the suit or proceeding.
2. An agent authorized by a party.
3. A party suing or sued in a representative character.
4. All of the above.

Ques. 41. Which of the following confession is considered as superior kind of evidence?

1. Confessions made to a Magistrate.
2. Confessions made to a police Office.
3. Confession made to any person outside the court.
4. Confession made to a religious guru.

Ques. 42. A dying declaration is admissible in:

1. Civil proceedings only.
2. Criminal proceedings only.
3. Criminal as well as criminal proceedings.
4. Marital proceedings only.

Ques. 43. Opinion of an expert is:

1. Relevant but unsafe.
2. A conclusive proof.
3. Supportive and corroborative in nature.
4. Both a and c.

Ques. 44. The Courts of Judicial Magistrate of the First/Second Class are appointed by the:

1. District Magistrate.
2. State Government after consultation with the High Court.
3. High court.
4. Supreme Court.

Ques. 45. Which of the following can make an arrest: 

1. A police officer.
2. A Magistrate.
3. A private person.
4. All of the above.

Ques. 46. Mark the incorrect matching:

1. Search of person: Section 100(3).
2. Witness of search: Section 100(4).
3. Signature and attendance of witnesses: Section 100(5).
4. None of the above.

Ques. 47. Under Section 125:

1. A Magistrate may order such monthly rate as he thinks fit.
2. A Magistrate can order the payment of interim maintenance and expenses of the proceedings.
3. Both 1 and 2. 
4. Only 1. 

Ques. 48. Which of the following Magistrates cannot direct police for investigation of a cognizable offence?

1. Judicial Magistrate.
2. Metropolitan Magistrate.
3. Executive Magistrate
4. None of the above.

Ques. 49. Who among the following in not entitled to claim maintenance:

1. Legitimate minor child.
2. Illegitimate minor child.
3. Unborn child.
4. Married minor daughter.

Ques. 50. Which of the following does not amount to FIR?

1. A statement given to the police after investigation have commenced.
2. A statement recorded by an officer-in-charge on the basis of his personal knowledge after the original information was received.
3. A complaint made orally or in writing to a Magistrate.
4. All of the above.