Jharkhand Public Service Commission Law Solved Paper

Jharkhand Public Service Commission

Civil Judge Jun. Div. Munsif (Pre.) Exam., 2008

Held on 21.12.2008 Law Solved Paper

1. The commission to make local investigation can be issued for the purposes of—
1. Collecting evidence on a fact
2. Elucidating any matter in dispute
3. Ascertaining the amount of mesne profit
4. Ascertaining the market value of the property
Which of the above are correct ?

• 1, 2 and 3
• 2, 3 and 4
• 1, 2, 3 and 4
• 1 and 2

2. Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 C.P.C., execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of—

• 3 months from the date of the decree
• 6 months from the date of the decree
• 1 year from the date of the decree
• 2 years from the date of the decree

3. Assertion : The rule of constructive res judicature is applicable to writ petitions.
Reason (R) : Public policy considerations underlying res judicature also hold true in relation to writ proceedings.

• Both A and R are true and R is the correct explanation of A
• Both A and R are true but R is not the correct explanation of A
• A is true but R is false
• A is false but R is true

4. A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in—

• Delhi only
• Kolkata only
• Either Delhi or Kolkata
• Anywhere in India with the leave of the court

5. Which one of the following suits is not of a civil nature ?

• Suits relating to rights to property
• Suits for rents
• Suits for recovery of voluntary payments or offerings
• Suits against dismissals from service

6. Which of the following is not a sufficient cause for granting adjournment ?

• Sickness of a party, his witness or his counsel
• Non-examination of a witness present in the court
• Non-service of summons
• Reasonable time for preparation of a case

7. Where a plaintiff sues upon a document in his power or possession, he must produce it or a copy thereof—

• Along with the plaint
• At the time of giving of evidence
• At the time of framing of issues
• When ordered by the court

8. Voluntary amendment is provided for under—

• Order 6, R.7, C.P.C.
• Order 6, R.15, C.P.C.
• Order 6, R.17, C.P.C.
• Order 6, R.19, C.P.C.

9. A plaint is liable to be returned, when—

• Plaint is on an insufficiently stamped paper
• Plaint is not filed in duplicate
• Relief is undervalued in the plaint
• Plaint is filed in a court having no jurisdiction

10. The expression, “Each party shall bear his own costs” implies that—

• Both the parties are entitled to cost from each other
• Both the parties are not to be deprived of costs
• Both the parties are to be deprived of costs
• Both the parties are not entitled to cost from each other

11. Which of the following questions is not to be determined by an executing court ?

• Discharge of decree
• Execution of decree
• Modification of decree
• Satisfaction of decree

12. In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure ?

• Xavier Vs. Bank of Canara
• The Visaka case
• Indian Gramophone Co. Vs. Birendra Bahadur Pandey
• Jolly George Verghese Vs. Bank of Cochin

13. In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 2002 ?

• Salem Advocate Bar Association, Tamil Nadu Vs. Union of India
• Delhi High Court Bar Association Vs. Union of India
• Allahabad High Court Bar Association Vs. Union of India
• Punjab and Haryana High Court Bar Association Vs. Union of India

14. Which one of the following is a true statement in relation to Section 80 of Civil Procedure Code ?

• A suit without service of notice can be instituted generally, with the leave of the court
• (B) A suit without service of notice can be instituted in cases of urgent or immediate relief, with the leave of the court
• In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted
• No suit under Section 80 can be instituted without the compliance of the requirement of notice

15. Match List–I with List–II and select the correct answer using the code given below the Lists—
List–I
Set-off
Mesne profit
Indigent
Subsistance allowance
List–II
1. Amount paid by the decreeholder for detention of the judgment-debtor in civil prison
2. Person allowed to file suit or appeal without court fee
3. Adjustment of defendant’s claim with the plaintiff’s claim
4. Gains from property by a person having wrongful possession
Codes :

• a b c d
• 4 3 1 2
• 3 4 2 1
• 2 1 4 3
• 3 1 2 4

16. Which of the following pairs is/are correctly matched ?
(1) Right to file caveat —Section 148-A, C.P.C.
(2) Pauper suit —Section 33, C.P.C.
(3) Privileged document —Section 29, C.P.C.
(4) Powers of appellate court —Section 102, C.P.C.
Codes :
1 only
4 only
1 and 2
2, 3 and 4
Ans : (A)

17. Match List–I with List–II and select the correct answer using the code given below the Lists—
List–I
Restitution afresh
Next friend
Legal representative
Garnishees
List-II
1. Representative of a minor or a plaintiff of unsound mind in a civil suit
2. Person representing the estate of the deceased
3. Debtor of the judgmentdebtor liable for payment or delivery
4. Setting aside ex parte decree and rehearing the case

• a b c d
• 2 3 1 4
• 4 3 2 1
• 4 1 2 3
• 3 4 2 1

18. 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

19. Under Order XVIII, Rule 4(1) of C.P.C., the examination in chief of a witness shall be recorded—

• By the Judge
• By the Commissioner appointed by the court
• On affidavit
• All of the above

20. When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of C.P.C., the party on whom the notice has been served has to admit the facts within—

• 15 days of the service of notice
• 9 days of the service of notice
• 7 days of the service of notice
• 6 days of the service of notice

21. Assertion : Subject to some exceptions the provisions of the Code of Criminal Procedure are not applicable to tribal areas in undivided Assam.
Reason (R) : These areas enjoy special status like the State of Jammu and Kashmir.

• Both A and R are true and R is the correct explanation of A
• Both A and R are true but R is not the correct explanation of A
• A is true but R is false
• A is false but R is true

22. Reasons for non-applicability of some of the provisions of the Criminal Procedure Code to the State of Nagaland have been stated by the Supreme Court in—

• State of Nagaland Vs. Rattan Singh
• Maharaja Vikram Kishore of Tripura Vs. Province of Assam
• Zarzoliana Vs. Government of Mizoram
• State of Nagaland Vs. Chung

23.Who can appoint a police officer as an assistant public prosecutor for courts of Magistrates ?

• Superintendent of Police
• District and Sessions Judge
• District Magistrate
• High Court on the request of the State Government

24. Who among the following can be arrested without warrant by any Magistrate ?

• Any person committing offences within the local jurisdiction of such Magistrate but not in his presence
• Any person committing offences anywhere, but in the presence of such Magistrate
• Any person within his local jurisdiction for whose arrest he is competent to issue a warrant
• All of the above

25. Match List–I with List–II and select the correct answer using the code given below the Lists—
List–I
Special Metropolitan Magistrate
Chief Metropolitan Magistrate
Judicial Magistrate of Second Class
Assistant Sessions Judge
List–II
1. Imprisonment up to 7 years or/and fine
2. Imprisonment up to 10 years or/and fine
3. Imprisonment up to 3 years or/and fine
4. Imprisonment up to 1 year or/and fine up to Rs. 1,000

• a b c d
• 2 4 3 1
• 3 2 1 4
• 1 4 2 3
• 3 1 4 2

26. Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided—
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by the High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct ?

• 1 and 2
• 2 and 3
• 1 and 4
• 1, 2, 3 and 4

27. Assertion : Power of the State to order cases to be tried in different sessions divisions is very limited.
Reasons (R) : This extraordinary power is to be used when consideration of public justice justifies its exercise.

• Both A and R are true and R is the correct explanation of A
• Both A and R are true but R is not the correct explanation of A
• A is true but R is false
• A is false but R is true

28. There shall be no appeal by a convicted person where a Chief Judicial Magistrate imposes only a sentence of fine not exceeding—

• Rs. 1,000
• Rs. 200
• Rs. 100
• Rs. 300

29. “Too many appeals and revisions are a bane of the Indian Judicial System, involving as it does sterile expense and delay and fruitless chase of perfection.”
Justice Krishna Iyer made this observation in—

• Harnam Singh Vs. State of HP
• Mohd. Sauman Ali Vs. State of Assam
• Sitaram Vs. State of UP
• Jawaharlal Singh Vs. Naresh Singh

30. In a case the Supreme Court observed thus—“We are unable to find any magic or charm in the ritual of a charge. It is the substance of these provisions (relating to charge) that count and not their outform. To hold otherwise is only to provide avenues or escape for the guilty and afford no protection to the innocent.” The court made these observations in relation to—

• Alteration of charge
• Joinder of charges
• Persons who may be charged jointly
• Error, omission or irregularity in charge

31. Which of the following offences is triable summarily ?

• Theft where the value of the property stolen does not exceed Rs. 500
• Lurking house trespass
• Assisting in the concealment of stolen property of the value not exceeding Rs. 300
• Receiving or retaining stolen property under Section 411, I.P.C. when the value of the property does not exceed Rs. 250
• All The Above

32. The period of limitation prescribed for taking cognizance of the offence punishable with imprisonment up to 3 years is—

• 1 year
• 2 year
• 3 years
• 4 years

33. In which of the following cases the constitutional validity of Section 433-A, Cr.P.C. was upheld ?

• Ashok Kumar Golu Vs. Union of India
• Babu Pahalwan Vs. State of MP
• Ramesh Vs. State of MP
• Karan Singh Vs. State of HP

34. Which of the following is an interlocutory order for the purposes of revisional powers of the High Court or a Sessions Court ?

• Orders summoning witnesses
• An order of bail granted by a Magistrate
• An order rejecting the plea of the accused on a point which when accepted, will conclude the particular proceeding
• Interlocutory orders which are without jurisdiction and nullities

35. A is only charged with theft and it appears that he committed the offence of criminal breach of trust. In this context, which one of the following is correct ?

• He may be acquitted
• He may be convicted only of theft
• He may be convicted of criminal breach of trust
• He may not be convicted of criminal breach of trust

36. Which of the following courts can set aside or modify the conditions imposed by a Magistrate when granting bail ?

• High Court or Court of Sessions under Section 439, Cr.P.C.
• High Court under Section 482, Cr.P.C.
• Sessions Court under Section 465, Cr.P.C.
• Court of Sessions under Section 438, Cr.P.C.

37. An offence of bigamy punishable under Section 494, I.P.C. was committed by A in Patna. The place where A resided with his first wife B was Gaya and the place where his first wife took up a permanent residence after the commission of the offence is Bhagalpur. The offence may be inquired into or tried by a court of competent jurisdiction at—

• Patna
• Bhagalpur
• Gaya
• All of the above

38. A Magistrate has power to deal with urgent cases of apprehended danger or nuisance under—

• Section 133, Cr.P.C.
• Section 144, Cr.P.C.
• Section 145, Cr.P.C.
• Section 107, Cr.P.C.

39. Which of the following Magistrates have power to prohibit repetition or continuance of public nuisance ?
1. District Magistrate
2. Sub-Divisional Magistrate
3. Judicial Magistrate
4. Executive Magistrate duly empowered in this behalf

• 1 and 4
• 2 and 3
• 1, 2 and 4
• 1, 2, 3 and 4

40. Assertion : The provisions for reviewing the decision of a criminal court are essential for the due protection of life and liberty.
Reasons (R) : They are based on the notion that Judges and Magistrates are not infallible.

• Both A and R are true and R is the correct explanation of A
• Both A and R are true but R is not the correct explanation of A
• A is true but R is false
• A is false but R is true

41. The question is, whether A was robbed. The fact that he said, he had been robbed without making any complaint—

• Is relevant showing preparation for relevant facts
• Is relevant showing conduct
• Is relevant showing effect of relevant facts
• May be relevant under Section 32 or Section 157 of the Evidence Act

42. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. He may—

• Not prove this statement
• Prove if it is relevant otherwise than an admission
• Prove it as it is explanatory of conduct influenced by facts in issue
• None of the above

43. Which one of the following statements is correct ?

• An admission by a guardian and item against a minor is evidence
• Admission on a point of law made by a pleader in court on behalf of the client is evidence
• Admission by one of the several defendants in a suit against another defendant is evidence
• Admission of fact made by a pleader in court on behalf of his client is evidence

44. Which one of the following is the true statement in relation to the relevancy of character ?

• In criminal cases, previous good character is irrelevant
• In criminal proceedings, previous bad character is relevant
• In civil cases, character to prove conduct imputed is relevant
• In civil cases, character of any person affecting the amount of damages is relevant

45. When the court has to form an opinion as to the digital signature of any person, the opinion of which of the following is relevant ?

• Certifying Authority
• Controller appointed under the Information Technology Act
• Internet Service Provider
• Certifying Authority which had issued digital signature certificate

46. In which of the following cases the Supreme Court raised doubts regarding the applicability of the doctrine of equitable estoppel beyond Section 115, Evidence Act ?

• Mercantile Bank of India Ltd. Vs. Central Bank of India Ltd.
• Madanappa Vs. Chandramma
• Turner Morrison and Co. Vs. Hungerford Investment Trust Ltd.
• Sitaram Vs. State of UP

47. No revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. This provision is contained in—

• Section 125, Evidence Act
• Section 124, Evidence Act
• Section 123, Evidence Act
• Section 126, Evidence Act

48. No confession made to a police officer shall be proved as against a person accused of any offence.The rationale of this rule is stated in—

• Queen Empress V s . Abdullah
• Queen Empress Vs. Babulal
• Queen Vs. Lillyman
• Pakla Narayan Swamy Vs. Emperor

49. Where a bill of exchange is drawn in a set of five, how many of them need to be proved ?

• Five
• Three
• One
• Two

50. Assertion : A gives B a receipt for money paid by B. Oral evidence is offered for the payment. The evidence is admissible.
Reason (R) : A receipt is not a contract or grant in respect of which oral evidence is barred.
Codes :

• Both A and R are true and R is the correct explanation of A
• Both A and R are true but R is not the correct explanation of A
• A is true but R is false
• A is false but R is true