National Eligibility & Scholarship Test 2021
Causing of the death of a child in mother’s womb
Is homicide
Not homicide
Is a homicide not amounting to murder
None of the above
The essential ingredients of a crime are:
Motive, mens rea and actus reus
Motive, intention and knowledge
Mens rea and actus reus
Knowledge, intention and action
A national of Pakistan fires from the other side of the borders and a person within the Indian borders and a person within the Indian border is killed .The relatives, friends and other Indians rush and drag the Pakistani to border Indian police station .Can the Indian courts try the accused for murder?
No, Indian courts have no jurisdiction
Yes
He shall be handed over to the Pakistani authorities for trial in Pakistan.
None of the above
Which of the following sections is not the section of joint and constructive liability under Indian penal code, 1860?
Section 34, 35 and 37
Section 36
Section 141, 149, 396, 460
Section 111, 117, 120B
Under IPC when the offence is punishable with both imprisonment and a fine a sentence of imprisonment for non-payment of fine shall not exceed
One half of the maximum term of imprisonment fixed for the offence
Maximum term of imprisonment fixed for the offence
One fourth of the maximum term of imprisonment fixed for the offence
One third of the maximum term of imprisonment fixed for the offence
Under Indian penal code 1860 if the offence is punishable with fine only had accused has been awarded with fifty rupees fine the period of imprisonment in default shall
Not exceeding one month
Not exceeding two month
Not exceeding three month
Not exceeding four month
The maximum period of solitary confinement is
3 months
6 months
1 months
15 days
A hangman who hangs the prisoners pursuant to the order of the court is exempted from criminal liability by virtue of
Section 77 of IPC
Section 78 of IPC
Section 79 of IPC
Section 76 of IPC
The maxim ignorantia juris non-excusat
Does not apply to criminal offences
Admits exceptions
Admits exception only in case of a foreigner who cannot reasonably be supposed to know the law of the land
Admits no exception.
Which one of the following is not general defence under the IPC?
An act done by a child under seven years of age
Act done by a person of unsound mind
Act done by a person bound or by mistake of fact believing himself bound by law
Act done outside the territorial limits of India
Under the provisions of Code of Criminal Procedure, 1973, confessions-
Can only be made to the authorised persons
Only the Magistrate enjoys the power of recording confessions
Made to the Police Officer are valid
Made by the accuse while in police custody to a police officer is valid
FIR is not a substantive evidence , it can be used during trial
To corroborate the informant
To contradict the informant
Neither a nor b
Both a and b
The bar created by section 162 of Cr.PC does not apply to
Civil proceedings
Proceedings under Article 226 of the constitution
Proceedings under Article 34 of the Constitution
All of the above
Entries in the case diary maintained by an investigating officer under Sec 172 of Cr.P.C can be used
As an evidence
To explain contradiction
For aiding the Court to decide on a point
Both b and c
Period of limitation for execution of the order of maintenance is :
One year from the date on which it becomes due
12 years from the date on which it becomes due
3 years from the date on which it becomes due
30 years from the date on which it become due
Court can condone the delay in
Sec 470 Cr.p.c
Sec 471 of Cr.P.C
Sec 473 of Cr.P.C
Sec472 of Cr.P.C
Period of limitation for an offence punishable with more than three years is
Three years
Twelve years
Thirty years
No limitation prescribed
The inherent powers under Cr.P.C vests in
High Court
Court of Sessions
Court of Districts and Session Judge
All the above
The prosecution of Judges and Public Servants are provided in
Sec 197 Cr.P.C
Sec 179 Cr.P.C
Sec 297Cr.P.C
Sec 279 Cr.P.C
When a person summoned cannot be found, even by the exercise of due deligence:
The serving officer shall return without serving
The serving officer shall serve the summon in duplicate to some member of his family
The serving officer shall serve the summon to some adult male member of his family
The serving officer shall serve the summon in duplicate to some adult male member of his family residing with him.
A contract can be discharged
By performances of the contract
By frustration of the contract
Both a and b
Neither a nor b
The doctrine of impossibility of performance rendering Contracts void is based on
Implied term
Just and reasonable solution
Supervening impossibility
Unjust enrichment
‘A’ agrees to let her daughter B for hire to C for concubinage, without the consent of B, the contract is
Void as consent of B the daughter has not been taken
Void being immoral
Voidable at the instance of B
Valid as ‘A and C’ entered into Contract with their free consent
An offer was sent by post , the acceptor wrote ‘accepted’ on the letter , put it in his drawer and forgot about it. The transaction is a
Valid Contract
A voidable contract
Void Contract
No agreement as the acceptance was never communicated to the proposer
The age of majority for the purpse of Contract Act is
18 years
21 years
16 years for girls and 18 years for boys
18 years for girls and 21 years for boys
Pre- contract expenditure can be recovered as damage
Generally
Always
Only if it is within the contemplation of parties
None of the above
A contract of guarantee has been defined under
Under sec 123
Under sec 124
Under Sec 125
Under sec 126
For the purpose of pledge ,delivery of possession of goods
Has to be actual
May be constructive
Either actual or constructive
May be symbolic
Agency can be terminated
By revocation of Principal
By notice of renunciation by the agent
By efflux of time
Either A or B
In which case it was held that when charge or pledge is enforced by way of sale of the pledged or hypothecated goods the sale is for consideration and falls within the ambit of Sec.2( xxi) of Limitation Act
Federal Bank Ltd. vs. State of Kerala
Hardev Singh vs. Gurmail Singh
Jatinder Nath vs. Chopra Land developers
None of the above
The provisions of sec 80 of CPC are binding on
The Court of a Civil Judge
The Court of a District Judge
The High Court
All the above
Commission to make local investigation cannot be issued for the purpose of
Collecting evidence on a fact
Elucidating any matter in dispute
Ascertaining the market value of property
Ascertaining the amount of mesne profit
Properties of Judgment debtor which are not liable to be attached have been mentioned in
Sec 60 of CPC
Sec 62 of CPC
Sec 64 of CPC
Sec 66 of CPC
In execution of a decree for the maintenance, salary of a person can be attached to the extent of
One fourth
One third
Two third
One half
A garnishee is
The judgment debtor
Judgment debtor’s debtor
Judgment debtor's creditor
Banker of the judgment debtor
Under order XXIII, Rule 3 of CPC , on the basis of a compromise
A decree has to be drawn only in respect of the subject matter that relates to the suit.
A decree has to be drawn for the entire compromise so long as it embraces part of the subject matter of the suit and part outside it
A decree has to be drawn where the compromise does not embrace the subject matter of suit at all
No decree need to be drawn in cases of compromise of suit
Foreign Rulers, Ambassadors and Envoys under sec 86 of CPC
Cannot be sued in Indian Courts
Can be sued in Indian Courts without the consent of Central Government
Can be sued in Indian Courts only with the written consent of Government
Either a or b
Period of detention in civil imprisonment under Order XXXIX ,Rule 2A of CPC shall not
Exceed six months
Exceed three months
Exceed two months
Exceed one month
Civil procedure Code provides for
Temporary injunction
Permanent injunction
Mandatory injunction
All the above
Supreme Court in case of Union of India v. Somasundaram Mills (p) ltd. Held that under sec 73 of CPC , the debts due to the State
Stand on equal footing with all other debts
Are to be paid only after payment of all other debts
Are entitled to priority over all other debts
Either (a) or (b)
Which Article of Indian Constitution provides power to the Governor of Karnataka to establish a separate board
Article 371 F
Article 371 G
Article 371 I
Article 371 J
Who among the following expressed the view that the Indian Constitution is federal in as much as it establishes what may be called the dual polity
S.M.Sikri
K.C.Wheare
B.R.Ambedkar
H.M.Seervai
The concept of ‘Grassroot Democracy’ through Panchayati Raj is in which of the following Article
Article -41
Article 43-A
Article 43
Article 40
Which of the following is popularly known as ‘Bearer Bond’ case ?
D.S.Nakara vs. Union of India
R.K.Garg and others vs. Union of India and others
State of Maharashtra vs. Madhukar BalKrishna Badiya
Indian Express Newspaper vs. Union of India
In which case the meaning of the words ‘Personal Liberty’, came up before the Supreme Court is interpreted for the first time
Kharak Singh vs. State of UP
A.K.Gopalan vs. Union of India
R.C.Cooper vs. Union of India
Govind vs. State of MP
Which of the following is related to ‘Ganga water case’?
Enviro legal action vs. Union Of India
M.C.Mehta vs. Union of India
D.P. Joshi vs. State of M.P
Rural litigation entitlement Kendra vs. State of UP.
Based on the federal system the Guardian of Indian Constitution is
President
Council of Ministers
Judiciary
Parliament
The first case on ‘Equal pay for equal work’ decided by Supreme Court of India is
Frank Anthony Public School Employees’ association vs. Union Of India
Dhirendra Chamoli vs. State of UP
Gopika Ranjan Choudhary vs. Union of India
Randhir Singh vs. Union of India
The right to health is co-commitment of which Article of the Indian Constitution?
Article 32
Article 21
Article 14
Article 22
Who is empowered to enlarge the power of the Supreme Court?
Parliament
President
Cabinet
Chief Justice
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