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COURSE – I

“LAND LAWS INCLUDING REVENUE AND CEILING LAWS”

(CODE: K-305)

Unit I: The U.P. Zamindari Abolition and Land Reforms Act, 1950 – Aims and Objects of the Act, Salient Features of the Act, Acquisition of the Interest of Intermediaries, Consequences of Vesting – Rights retained by Intermediaries, Mines and Minerals.

Unit II: New Land Tenures –Bhumidhar, Sirdar, Assami and Adhivasi Conferment on an acquisition of Bhumidhari rights, Sirdari rights Rights of Tenure Holders.

Unit III: Ejectment of Tenure Holders, Abandonment, Surrender Extinction and Lease Succession, Allotment of Land & Declaratory Suit Exclusive jurisdiction of Revenu Court.

Unit IV: Land Revenue – Liability to Pay, first Charge etc. Collection and recovery, settlement of Land Revenue – Liability to pay, First Charge etc. Collection and recovery, Settlement of Land Revenue (ss. 243 272 UPZA & L.R. Act.) The U.P. Land Revenue Act 190 Revenue Authorities- Functions, Powers & Jurisdiction.

Unit V: The U.P. Ceiling of Land Holding Acts- Definitions, Imposition of ceiling on Land Holding, Exemptions, Acquisition of Surplus Land, determination of Payment of Amount Disposal and Settlement of surplus land.

Model Questions & Answers

U.P. Zamidari Abolition Act, 19501. According to Section 123-B of the U.P.

Zamidari Abolition Act punishment for occupation of Gaon Sabha land shall be-

(a) Imprisonment for a term which may extend to three years or with fine or with both.

(b) Imprisonment for a term which may extend to two years with or fine or with both.

(c) Imprisonment for a term which may extend to two and half years or with fine or with both.

(d) Imprisonment for a term which may extent to one year with fine or with both.

2. According so section 125-A Gaon Sabha fund shall be constituted for-

(a) each panchayat area (b) each block area(c) ten block area(d) each district

3. The consolidated Gaon Sabha fund shall be applied to-

(a) the payment of fees and allowances of the Panel lawyers appointed under section 129-B.

(b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the

Gaon Sabha or the Land Management Committee under this Act.

(c) The payment of expenditure incurred on the development of Lands of common utility.

(d) All of the above

4. Who of the following is the Bhumidhar with transferable rights according to section 130 of the Act?

(a) every person who was a bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment Act. 1997)

(b) every person who immediately before the said date, was Sirdar referred to in clause (a) or clause immediately before the said date.

(c) every person who in any other manner acquires o or after the said date the rights of such a bhumidhar under or in accordance with the provision of this Act.

(d) All of the above.

5. Who shall be called Bhumidhar with non transferable rights under section 131 of the act?

(a) every person admitted as a Sirdar of any land under Section 195 before the date of Commencement of the Uttar Pradesh Land Laws

(Amendment) Act, 1977 or as a bhumidhar with non transferable rights under the section on or after the said date

(b) every person who is, or has been allotted any land under the provisions of the Uttar Pradesh Bhudan yagna Act, 1952.

(c) Every person who in any other manner acquires on or after the said date rights of such Bhumidahr under or in accordance with the provisions of this Act.


6. Who are Asami under Section 133 of the Act-

(a) every person who, as a consequences of the acquisition of estates, becomes an asami under sections 11, 13 or 21.

(b) every person, who was admitted before the commencement of the Uttar Pradesh Land laws (Ament) Act, 1977 by a bhumidhar or Sirdar or after such commencement, by a bhumidhar as a lessee of land comprised in his holding, in accordance with the provisions of this Act.

(c) every person who, on or after the date of vesting, is admitted by the Land Management Committee or the person entitled as a lessee of land described in section 132.


7. According to section 137 of the Act, a declaration granted under section 135 (as it stood immediately before the commencement of the Uttar Pradesh Land Laws (Amendment Act, 1977) may, on the application of any person interested (including the sate Govt.) be cancelled or modified by the-

(a) Collector (b) Assistant Collector (c) Commissioner(d) Acquisition Officers.

8. A declaration granted under section 135 may be canalled or modified on the ground that-

(a) the declaration was obtained fraudulently by making of a false suggestion or by the concealment from the Assistant Collector of something material to the case.

(b) the declaration was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.

(c) the decree or order passed by a competent court in a suit or other proceeding with respect to the holding for which declaration was made shows that the applicant was not entitled thereto.


9. Doctrine of Relation back in recognized in the Act in-

(a) Section 136 (b) Section 137

(c) Section 138 (d) Section 140

10. Restriction on transfer of interest of assami is imposed under-



11. According to section 154(1) of the Act save as provided in sub section(2), no bhumidhar shall have the right to transfer by sale or gift, any land other than tea garden to any person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any hold his family will in the aggregate, exceed-

(a) 5.0586 hectares (12.50 acres) in Uttar Pradesh

(b) 5.0234 hectares (12.00 acres) in Uttar Pradesh

(c) 4.094 hectares (11.8 acres) in Uttar Pradesh

(d) 6.086 hectares (12.90 acres in Uttar Pradesh

12. According to section 154explanation the expression the expression ‘family’ shall means the transferee and-

(a) his or her wife or husband (b) his or her wife and miner children(c) his or her wife or husband and

minor children(d) his or her wife or husband and

minor children and where the

transferee is a minor also his or her parent.

13. No foreign national shall acquire any land by sale or gift without prior permission in writing from the state Govt. under-

(a) Section 153(b) Section 154(c) Section 154A(d) Section 154B

14. According to section 155 no bhumidhar has right to mortgage any land belonging to him-

(a) Which is in possession of State Govt.(b) Which is attached by court order(c) Where possession of the mortgaged

land is transferred or is agreed to be transferred in future to the mortgage as security for the money advanced or to be advanced

(d) Which is evacuee property.

15. According to section 156 of the Act, no bhumidhar or asami shall let for any period any land comprised in his holding except in the cases provided in-

(a) Section 155 (b) Section 156(b) Section 157 (d) Section 158

16. A bhumidhar or assami under section 156 of the Act may let the land comprised in holding to a recognized educational institution for a purpose connected with instructions in-

(a) agriculture

(b) horticulture(c) animal husbandry (d) all of the above

17. Lease by a disabled person is permitted under-



18. Section 157 permits which category of bhumidhar or asami holding the land in lieu of maintenance under section 11, to let the whole or any part of his holding-

(a) an unmarried woman or if married, divorced or separated from her husband or whose husband suffers from any of the disqualifications mentioned in clause (c) or (d) or a widow

(b) a minor whose father suffers from any of the disqualifications mentioned in clause (e) (d) or has died.

(c) a lunatic or an idiot(d) All of the above

19. Under Section 157 A no bhumidhar, except with previous approval of the collector or asami belonging to a scheduled cast shall have right to transfer any land by way of sale or gift, mortgage or lease to-

a) any person, not belonging to Scheduled Casts, Scheduled Tribe or OBC

b) to a person not belonging to a Scheduled Caste.

c) to a person belonging to a Scheduled Caste except with the previous approval of the collector.

d) transfer is prohibited absolutely to any person or class of persons.

20. Section 157-AA stipulates that no person belonging to Scheduled Caste having become a Bhumidhar with transferable rights under section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a Scheduled Caste and such transfer, if any shall be in the order of preference-

a) land less agricultural labourer, small farmer, marginal former.

b) Land less agricultural labourer,l marginal farmer, small farmer.

c) Small farmer, marginal farmer land less agricultural

d) Marginal labourer, small farmer, Land less agricultural labour.

21. If no person is available for transfer of land on the basis of presence under section 157 AA(1) then what is the correct shall be correct order of presence for the transfer?

a) first to the resident of the village where the land is situate,

b) secondary, if no person referred in clause (a) is available, to the resident of any other village within the panchayat are comprising the village were the land is situate.

c) thirdly, if no person referred to inclause (a) and (b) is available, to the resident of a village adjoing the Panchayat area comprising the village where the land is situate.

d) All are correct.

22. A transferee land under sub-section (1) of section 157-AA shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of-

a) ten years from the date of transfer in his favour.

b) five years from the date of transfer in his favour.

c) three years from the date of transfer in his favour.

d) two years from the date of transfer in his favour.

23. ‘Marginal farmer’ means a person residing in a village, who holds agricultural law not exceeding-

a) half hectare of irrigated land b) one hectare of unirrigated landc) half hectare of unirrigated landd) one and half hectare of unirrigated

land

24. ‘Small farmer’ means a person residing in a village who holds unirrigated land-

a) exceeding one hectare but not exceeding two hectares

b) exceeding two hectares but not exceeding four hectares

c) exceeding one and half hectare but not exceeding two & half hectares

d) exceeding three hectare but not exceeding six hectares

25. ‘Landless’ means the transferee who or whose wife or husband, as the case may be, or minor children, and where the transferee is a minor, also his or parents, holds no land as bhumidhar or asami and also holders no land as such-

(a) within six months immediately preceding the date of transfer

(b) within one and half year immedially preceding the dte of transfer.

(c) Within one and half year immediately preceding the date of transfer

(d) within two year immediately preceding the date of transfer.

26. Every transfer made in contravention of provisions of this Act shall be void under-



27. Under Section 167 which of the following consequences shall ensure in respect of every transfer which is void by virtue of section 166-

(a) the subject matter of transfer shall with effect from the date of transfer, be deemed to have vested in the state Government from all encumbrances.

(b) the trees, crops and wells existing on the land on the date of transfer shall, with effect from the said date,

be deemed to have vested in the State Government free from all encumbrances.

(c) the transferee may remove other moveable property on the materaials of any immovable property existing on such land on the date of transfer within such time as may be premised

(d) all of the above

28. No bhumidhar with non transferable rights or asami shall have the right to bequeath by will his holding or part thereof, according to-



29. Under Section 171 who shall be preferred for succession amongst followings-

(a) mother and father(b) widow and male lineal descendant(c) unmarried daughter(d) brother and unmarried sister

30. Section 171 mentions the number of successors-

(a) ten (b) twelve

(c) fourteen (d) fifteen

31. Who is mentioned as successor in section 171-

(a) married daughter (b) married sister(c) mothers and father


32. Which of the following statements about succession under section 171 is correct-

(a) The heirs specified in any one clause of sub section (2) shall take simultaneoysly equal share

(b) The heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c), and so on, in succession

(c) if there are more widows than one, of the bhumidhar or asami, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take an share.

(d) all are correct.

33. Order of succession of married daughter under section 171 is-

(a) second (b) third

(c) fourth (d) fifth

34. The last Successor under section 170 is-

(a) Sister’s son(b) brother’s sons(c) mother’s mother’s son(d) fathers’ father’s son’s son

35. A bhumidhar with non transferable rights may surrender his holdings or any part thereof-

(a) by making an application to collector(b) by making an application of

Tahsildar(c) by making application in writing to

Tahsildar and giving a notice in writing to the land Management Committee intimating his intention to do so.

(d) By making an application in writing to the Tahsildar and giving a notice in writing to the hand Management Committee intimating his intention to do so and by giving up possession thereof whether such holding is or not let.

36. According to Section 172, if a woman was entitled to hold a state inherited absolutely, them the inheritance would by governed by-

(a) personal law (b) section 174

(c) section 175 (d) section 176

37. Succession to a woman under section comes-

(a) before date of vesting (b) after date of vesting(c) before after the date of vesting (d) date of vesting is immaterial for

succession

38. order of succession on to a wanami estate first of all comes-

(a) son, son’s son, son’s son’s son, predeceased son’s

(b) husband (c) daughter (d) daughters’ son

39. Under Section 174 husband, in order of successes comes-

(a) second (b) third

(c) third (d) fifth

40. Under section 174 the last, in the order of succession comes-

(a) third (b) fourth

(c) fifth (d) sixth

43. Section 186 prescribed the conditions for-

(a) mortgage of the land (b) abandonment(c) sale or gift(d) recovery from trespasser

44. An holding of bhumidar with non transferable rights or asami may treated to be abandoned when he has not used his holding for a purpose connected with-

(a) agriculture, horticulture or animal husbandry excluding pisciculture and poultry farming.

(b) pisciculture and poultry farming(c) agriculture horticulture or animal

husbandry including pisciculture and poultry farming.

(d) animal husbandry including flower farming.

45. For a land to be treated to be a banded the holding is not used for purpose connected with agriculture or husbandry etc. for-

(a) two consecutive agriculture (b) three agricultural year (c) four agricultural year(d) one agricultural year

46. The Notice for abandonment may be given by-

(a) Collector on application of the Gaon Sabha

(b) Collector on application of the Gaon Sabha or

(c) Collector on facts coming to his notice

(d) Tahsildar on application of the Gaon Sabha or the land holder or on facts coming to his notice or other wise.

47. The holding of a bhumidhar with transferable rights or asami is not subject to abandonment if he is-

(a) minor (b) lunatic

(c) idiot (d) either of the above

48. Under Section 185-A who can require the bhumidar to show cause why the land be not let out for purpose of agriculture to any person?

(a) Tahsilder (b) Assistant Collector

(c) Deputy Collector(d) Collector

49. The notice for letting out for the purposes of agriculture to any person under section 181-A is given when the collector has reason to believe upon information or otherwise that any land the area who of exceeds-

(a) twelve acres(b) ten acres(c) eight acres(d) twelve and half acres

50. Collector may give notice under section 187A for letting out to any person for purposes of agriculture when the holding has not been used for-

(a) two consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry, which included poultry forming.

(b) three consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry, which included poultry forming.

(c) four consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry, which included poultry forming.

(d) Five consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry, which included poultry forming.

51. Section 189 prescribes that the interest of a bhumidhar with transferable rights in his holding any part thereof shall be extinguished when-

(a) he dies in estate leaning to heir entitled to inherit in accordance with the provision of this Act.

(b) When the holding or part there of has been transferred or let out in contravention of the provisions of this Act.

(c) when the land comprised in the holding has been acquired under any law for the time being in force relating to the acquisition of land.


52. According section 190 the interest of a bhumidhar with non transferable rights in his holding or any part thereof shall be extinguished when-

(a) he dier having no heir entitled to inherit in accordance with the provision of this Act.

(b) When the holding has been declared as abandoned is accordance with the provisions of section 186.

(c) when he surrenders his holding or part

(d) in all of the above conditions.

53. Section 201 of the Act provides that a bhumidhar with non transferable rights shall be liable to ejectment from his holding on the suit on the-

(a) order of the state Govt.(b) suit of the state Govt.

(c) suit of the Gaon Sabha(d) order of the Collector.

54. Which of the following statements about ejectment of asami from his holding under section 202 of the Act is correct-

(a) an asami shall be liable to ejectment from his holding on the suit of the Gaon Sabha or the land holder on the ground as mentioned therein.

(b) The suit can be filed on the ground that asami holds the land from year to year or for a period which has expired or will expire before the end of current agricultural year.

(c) The suit under section 202 can not be brought with regard to leases granted after the date of vesting excepts on the ground as mentioned in section 202 (b).

(d) all are correct.

55. An asami shall be liable to ejectment on the suit of the Gaon Sabha or the land holder, for using the land for any purpose other then a purpose connected with agriculture, horticulture or animal husbandry or animal husbandry under-



56. Section 209 of the Act provides for-

(a) procedure of ejectment of asami

(b) restoration of possession to the allotters of Gaon Sabha or the Govt. lessee.

(c) Effect of ejectment(d) ejectment of persons without title.

57. Which of the following is the consequence of failure to file suit under section 204-

(a) where the land forms part of the holding of a bhumidhar with transferable rights, become a bhumidhar with transferable rights, of such land and the right, title and interest of an asami, if any, in such land shall be extinguished.

(b) Where the land froms part of the holding of a bhumidhar with non transferable rights become a bhumidhar with non transferable rights and the rights title and interest of an asami, if any, in such land shall be extinguished.

(c) where the land forms part of the holding of an asami on behalf of the Gaon Sabha, become an asami of the holding from year to year.


58. Consequence of failure to file suit under section 209 is mentioned in-



59. Under Section 211 of the Act power to evict unauthorized occupants of land other than tenant holder, held by a member of Scheduled tribe vest in-

(a) State Govt.(b) Civil Court.(c) Revenue Court(d) Assistant Collector

60. If any person after eviction reoccupies the band or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to-

(a) two years which shall not be less than three months

(b) one you which shall not be less than three months

(c) two and half years which shall not be less that three months

(d) four years which shall not be less than three months

61. An authorized occupant under section 211, apart from imprisonment, shall also be subject to the fine which may extend to-

(a) two thousand rupees with shall not be less than one thousand rupees

(b) three thousand rupees with shall not be less than one thousand rupees

(c) four thousand rupees with shall not be less than one thousand rupees

(d) five thousand rupees with shall not be less than one thousand rupees

62. Remedies for wrongful ejection to the land holder is provided in-

(a) Section 210 (b) Section 211(c) Section 212

(d) Section 212

63. An Adhivasi shall be liable t ejcetment from the land held by him-

(a) on the grand that he is in arrears of rent.

(b) on the ground that he has made any transfer of his holding or part thereof.

(c) For using the land for any purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming.


64. Under Section 279 of the Act, an arrear of land revenue may be recovered by-

(a) Serving writ of demand or a citation to appear on any defaulter.

(b) by arrest and detention of his person

(c) by attachment and sale of moveable property including the produce

(d) all of the above mode.

65. Which of the following is the procedure for recovery of an arrear of land revenue-

(a) by attaching of the holding in respect of which the arrear is due.

(b) by lease or sale of the holding in respect of which the arrear is due.

(c) by attachment and sale of other immovable property of the defaulter.


66. For payment of recovery of arrears the collector may appoint the receiver under-


(c) Section 286 (d) Section 286A

67. Under Section 319, the state Govt. may, for the purposes of this Act, appoints the authorities of-

(a) two kinds (b) three kinds(c) four kinds(d) five kinds

68. Whom Govt. may appoint for the purposes of this Act-

(a) Compensations Commissioner(b) Compensation of Officers(c) Rehabilitation Grant officers(d) All of the above

69. According Section 263 of the Act. Which of the following lands are exampled from the assessment of land revenue-

(a) Land occupied by buildings which are ot improvements

(b) Khalihans(c) Grave yards and cremation grands(d) All of the above

70. Section 264-

(a) prescribes the principles of assessment of the land revenues.

(b) prescribes the made of recovery of land revenue.

(c) empowers the collector to appoint the receiver

(d) prescribes the made of attachment and sale of the holding in respect of which arrear is due

71. The principles of assessment of land revenue mentioned in section 264 are-

(a) three (b) four

(c) five (d) six

72. Which of the following is the principle of assessment of land revenue-

(a) The settlement officer at first ascertains the estimated average surplus produce of a holding

(b) The average surplus produce will be found out by deucting the ordinary expenses of cultivation from the average estimated yield of the land.

(c) The ordinary expense of cultivation will be determined in such manner be prescribed by Rules


73. Which of the following provisions bars the jurisdiction of civil court in certain matters-



74. For what purposes jurisdiction of Civil Court is barred-

(a) any event in or omission for Compensation Assessment Roll

(b) any order under part 1 of this Act

(c) the assessment for collection of land revenue under chapter x or the recovery of sum of money recoverable as arrears of land revenue.

(d) all of the above.

75. Which of the following provisions provides for exclusive jurisdiction of the Revenue Court-



76. According Section 80 original members of the co-operative Farming Society must be-

(a) 16 of 18 years of age(b) over 18 years of(c) over 20 year of age(d) over 21 year of age

77. Which of the following way be the purpose of Cooperative Farming Society according to Section 77?

(a) agriculture (b) animal husbandry(c) the development of cottage industry

subsidiary to any purpose as mentioned in the section.


78. Which of the following lands shall not pass under the possession, control and management of the cooperative farming society.

(a) farm house

(b) land appustent to the farm house subject to maximum area covering ½ aere, if it is opted to retain it for his own use by the member a the time for Applying membership

(c) land in possession of the asami (d) none will pass

79. Which of the following concessions and facilities a Cooperative Farming Society is entitled-

(a) Reduction in land revenue(b) Reduction in irrigation charges(c) Reduction in taxes by local bodies (d) All of the above

80. Section 234 provides for-

(a) rights of an adhivasi for ejectment under section 209

(b) rent payable by an adhivasi(c) commutation of rent(d) ejeatment of adhivasi

ANSWERS

1-a 11-a 21-d 31-d 41-b 51-d 61-b 71-c2-d 12-d 22-? 32-d 42-d 52-d 62-d 72-d3-d 13-c 23-b 33-c 43-b 53-c 63-d 73-d4-d 14-c 24-a 34-d 44-c 54-d 64-d 74-d5-d 15-c 25-d 35-d 45-a 55-a 65-d 75-d6-d 16-d 26-d 36-b 46-d 56-d 66-d 76-b7-b 17-c 27-d 37-b 47-d 57-d 67-c 77-d8-d 18-d 28-b 38-a 48-d 58-d 68-d 78-d9-b 19-b 29-b 39-a 49-d 59-d 69-d 79-c10-a 20-b 30-d 40-d 50-a 60-a 70-a 80-d

The Uttar Pradesh Land Revenue Act, 1901

1. The highest authority for judicial matters connected with the land revenue is-(a) High Court(b) Civil Revenue Court (c) Board Revenue (d) State Revenue tribunal

2. The jurisdiction of the Revenue Board is-(a) appellate (b) revisional(c) review (d) all of the above

3. The Board has power to make rules with the previous sanction of the State Govt.-(a) Prescribing the duties of

Tahsildars and Naib Tahsildars and regulating their posting and transfer and their appointment in temporary vacancies.

(b) regulating the imposing of fines under section 38 for failure to notify successions and transfer.

(c) Regulating the costs which may be recovered in or in respect of any proceeding under this Act.


4. Which of the following is power and function of the commissioner-

(a) to delegate his powers and function to the Additional Commissioner

(b) to order to consolidate cases.(c) to exercise powers of civil court

when a person fails to produce evidence


5. Which of the following is the power and function of collector-(a) Arrangement of the villages of

the district in Lekhal’s halkas.(b) Maintenance of map and filed

book(c) Maintenance of record of rights(d) All of the above

6. Which of the following is the duty of Tahsildar-(a) to collect land revenue, canal

revenue, taqavi cess and other Govt. dues.

(b) to keep in safe custody all Govt. money and property which may be placed in his charge.

(c) To see that the rules in the Land Records Manual prescribing the duties of supervisor qunungos and Lakpals are properly carried out.


7. Which of the following is the duty of a Naib Tahsildar-(a) to hold charge of the Register

Qunungo’s office(b) to test the work of the Lekhpals

and Superior Qunungo and to report through the Tahsildar on any point connected with land records which requires the order of the sub-Divisional Officer.

(c) to distribute Lephpal’s pay allowances on the dates fixed


8. Under Section 35 of the U.P. Land Revenue Act, 1901 Power to decide the mutation cases on the ground of succession or transfer, whether they are disputed or undisputed vests in-(a) Deputy collector(b) Collector(c) Supervisor Qanungo(d) Tahsildar

9. Which of the following is the duty of Naib Tahsildar-(a) To test the work of the Lekhpals

and Supervisor Qanungo-(b) To Supervise the work of qurl

amins and be responsible that the register and receipt books are properly kept up.

(c) To measure the rainfall to raingauge under his charge, maintain the register and report

on the prescribed dates all falls of rain to the collator for through Tahsildar.


10. Lekhpals are appointed by State Govt.-(a) Under section 23 for each halkas(b) Under section 23 for each

pargana(c) Under section 24 for each

taluqua(d) Under section 25 for each mahal.

11. Which of the following is the duty of Lekhpal-(a) Attendance at Tahsil.(b) Report to Ragistrar Quanungo.(c) Report of Calamities(d) All of the above

12. Which of the following terms is stranger to the Land Revenue Act, or Land Revenue Manual-(a) Dincharya bahi (b) Dakhil-Kharij(c) Taqavi(d) All of the above

13. What of the following is the duties of the Supervisor Qanungo-(a) Testing the Lekhpal’s records

and statistics(b) Determination of agricultural

deterioration(c) Attestation of lease-deeds under

section 158 of the U.P. Zamidari

Abolition Act and LR. Read with Rule made there under.


14. The Sadar Qanungo is now designated as-(a) Deputy Land Recorder(b) Assistant Land Record officer(c) Assistant Land Recorder of

Rights (d) Assistant Land Recorder

15. Which of the following is the duties of Sadar Qanungo-(a) Examination of diaries and

monthly register Quanungos an Inspection of the office of Registrar Quanungo’s

(b) Inspection of Lekhpal’s record-room at Sardar.

(c) Preparation of pay bills of Lekhpals.


16. Records of Rights means a record of the rights mentioned in Section 32 and prepared by a Record Officer under Land Revenue Act under-(a) Section 50 (b) Section 51(c) Section 53 (d) Section 54

17. Which of the following statement about Records of Rights is correct-(a) The record of rights is a register

maintained separately for each village, where in rights of all persons cultivating or otherwise occupying land are recorded

specifying all the particulars recorded under Section 55.

(b) The Khusra is prepared by the Lekhpal on the spot. But the Khatauni is prepared from the Khatauni of the previous years incorporating all changes which the Khasra shows to be required.

(c) Records of rights are the original records framed by the Records Officer during the records operations which are conducted in accordance with chapter IV of the Land Revenue Act,


18. According to section 33 of the L.R.A. it is the duty of collector to maintain the record of rights and for that purpose he shall annually, or at such long intervals as the sate Govt. may prescribe cause to be prepared an amended register. The register so prepared shall be called the- (a) annual register(b) Faski register(c) Fasll register(d) Portal register

19. The register of villages showing a list of villages shows therein in areas-(a) liable to fluvian action(b) having precarious cultivation(c) the revenue thereof has, either

wholly or in part, been released,

compounded, redeemed or assigned.


20. Which of the following is the main paper of the record of rights prepared and maintained by lekhpal maintained in 22 sets-(a) Chitra (b) Khasra(c) Simadyotak Chinohon Ki Soochi(d) All of the above

21. Which of the following papers maintanined by Lakhpal includes- (a) Khaatuni(b) Dincharya Bahi(c) Aya Pustak and Khewat(d) All of the above

22. What is the difference between Record of Rights and Annual Register- (a) Record of Rights is the original

record prepared by the Record Officer during the record operation white the “annual register” is the amended edition of this record of rights.

(b) The record of rights is prepared by the Record Officer under Section 53 and maintained by the collector under section 53, whereas, annual register is caused to be prepared by the Collector and is caused to be maintained by him.

(c) No change is made in the record of rights but in the “annual register” all changes are recorded which affect any of the rights or interestrecorded therein.


23. The Khasra is the field book which has number of columns-

(a) 20 (b) 21

(c) 22 (d) 23

24. What Lekpal has to record I his Dinchage Bahi-

(a) All mortgages, sales or other transfers of lord

(b) Calamities, such as hail, locusts, floods etc.

(c) The surrender of any holding(d) All of the above

25. According to Section 39 correction of mistakes in Annual Register shall be made by-

(a) Naib Tahsildar(b) Tahsildar(c) Qunungo(d) Collector

26. What powers and duties a Record Officer and Assistant Record Officer shall have-

(a) Election of boundary marks.(b) To decide the boundary disputes

(c) Preparation of a map and field book Khasra for each village.

(d) All of the above powes.

27. Which of the following Revenue courts are empowered to refer disputes to arbitration-

(a) Board of Revenue (b) Commissioner(c) Collector(d) All of the above

28. Appellate Courts under U.P. Land Revenue are-

(a) Two (b) Three(c) Four(d) Five

29. Which of the following is the appeal court under U.P. Land Revenue Act-

(a) The Record Officer(b) The Collector(c) The Commissioner(d) All of the above

30. Which of the following orders are unappealleable order under the Land Revenue Act-

(a) Order passed under Section 29 under the correction of map and Khasra

(b) Section 40-Settlement of disputes as to entries in Annual Registers under Section 40

(c) A decision on an award under Section 206, unless it is

impugned on the ground that there is no valid award in law or in fact.


31. Which of the following orders is non appealable-

(a) An order passed exparte or by default under Section 200.

(b) An order admitting an appeal after the limitation period.

(c) The correction of annual register


32. According to Section 216 Appellate court has the powers-

(a) It may either admit the appeal, or summarily reject it.

(b) It may remand the case for disposal with such directions as it thinks fit.

(c) In way direct such further investigation to be made or such additional evidence to be taken as it may think necessary , or it may itself take such additional evidence.


33. The revision by the Board of Revenue or Commissioner or the Additional Commissioner or the Collector or Record officer or the Settlement Officer may be made if it is satisfies that the subordinate court appears to have-

(a) exercised a jurisdiction not vested in law

(b) failed to exercise a jurisdiction so vested

(c) acted in exercise of jurisdiction illegally or with material irregularity


34. Which of the following statement about review is correct-

(a) under Section 220 of U.P. Land Revenue Act the power of review is vested in the Board of Revenue only

(b) In judicial matters the Board can review its order, or a member can review his own order, only on the application of a party.

(c) The Scope of review jurisdiction is restricted and it is not meant for reassessment of evidence.


Answers1-c 8-d 15-d 22-d 29-d2-d 9-d 16-c 23-c 30-d3-d 10-a 17-d 24-d 31-d

4-d 11-d 18-a 25-b 32-d5-d 12-d 19-a 26-d 33-d6-d 13-d 20-d 27-d 34-d7-d 14-b 21-d 28-b

COURSE – I

“ARBITRATION CONCILATION AND ALTERNATE DISPUTE RESOLUTION

SYSTEM” (CODE: K-307)

Unit I: Arbitration-Meaning, Nature Scope, Distinction, UNCITRL Model Law, Arbitration Agreement –Essentials, Kinds, Validity, Reference to Arbitration, Arbitration and Conciliation.

Unit II: Arbitration Tribunal –Appointment, Challenge, jurisdiction, powers and procedure, Award, Court Assistance, Grounds of Challenge, Enforcement.

Unit III: Appeal and Revision, Enforcement Convention awards.

Unit IV: Conciliation –Application, Scope, Commencement, Proceeding, Duty, Role of the parties, Rule making powers of Central Government and High Courts.

Unit V: Legal Services Authority Act 1987, Industrial Disputes Act, 1947 Alternate Dispute Resolution System.

Multiple Choice QuestionsOn

The Arbitration and Conciliation Act, 1996

1. In a case relating to arbitration the arbitral award was remitted under section 16 of the Arbitration Act, 1940. The date of award was 1st

June, 1992. The Arbitration and Conciliation Act came into force on 22 August, 1996. The validity of award can be challenged under the(a) Limitation Act, 1963 (b) General Clauses Act, 1897(c) Arbitration Act, 1940(d) Arbitration and Conciliation Act,

1996 only.

2. The present Arbitration and Conciliation Act of 1996 is based on:(a) Constitution of India(b) Guidelines of Supreme Court of

India(c) European Commercial

Arbitration Procedure(d) UNCITRAL, 1985

3. Which among the following options is the main purpose of the Arbitration and Conciliation Act, 1996

(a) to comprehensively cover international and commercial arbitration and also conciliation as also domestic arbitration and conciliation

(b) to cover only domestic arbitration and conciliation

(c) to cover only international arbitration

(d) None of the above

4. The power of court to refer parties for arbitration would and must necessarily include, imply and inhere in it(a) the power and jurisdiction to

advise the parties (b) the power and jurisdiction to

review the award(c) the power and jurisdiction to

appoint the arbitrator(d) the power and jurisdiction to call

for another arbitrator.

5. Part I of the arbitration and Conciliation Act, 1996 applies where (a) the place of arbitration is in India

(b) the place of arbitration is outside India, but is in Asia

(c) the place of arbitration is outside India, but is in Europe

(d) the place of arbitration is anywhere in the world.

6. An arbitral award made under Part I of the Arbitration and Conciliation Act, 1996, shall be considered as a(a) domestic award(b) foreign award(c) general award(d) International award.

7. In the matters governed by Part I of the Arbit and Conciliation Act, 1996(a) a judicial authority can intervene

generals(b) a judicial authority shall not

intervene any circumstances(c) a judicial authority cannot

intervene where so provided in this Part

(d) either (a) or (c).

8. Arbitral proceedings commerce(a) on the date on which a request

for a disput be referred to arbitration is received by respondent

(b) on the date when the respondent gives our to the appointment of the arbitrator

(c) on the date when the arbitrator issues notice the parties

(d) on the date when the statement of claim a written submission of defence is made.

9. The provisions of 1996 Act have to be interprets beings uninfluenced by principles underlying under 1940 Act. This observation was laid down in (a) M.M.T.C. Ltd. v. Sterlite

Industries (India) In AIR 1997 SC 605

(b) Sundaram Finance Ltd. v. N.E.P.C. India Ltd., All 1999 SC 565.

(c) Olympus Super Structures Pvt. Ltd. v. Man Vijay Khetan, AIR 1999 SC 2102

(d) Orma Impex Pvt. Ltd. v. Nissari Arb. Pte. Ltd. AIR 1999 SC2871.

10. ‘The validity of an arbitration agree-ment does not depend on the number of arbitrators specified therein, as the Act does not suggest the requirement of the number of arbitrators for an arbitration agreement’: this was laid down in:(a) Orma Impex Pvt. Ltd. v. Nissari

Arb. Pte Ltd., AIR 1999 SC 2871(b) Olympus Super Structures Pvt.

Ltd. v. Meena Vijay Khetan, AIR 1999 SC 2102

(c) M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd., AIR 1997 SC 605

(d) None of the above.

11. An arbitrator:(a) is chosen and paid by the

disputant(b) acts in accordance with privately

chosen procedure so far as that is not repugnant to public policy

(c) only (a) is correct.(d) both (a) and (b) are correct.

12. An arbitral award:(a) must be connected with the

subject-matter of the dispute arbitrated

(b) must be founded on principle of trust

(c) both (a) and (b) are correct(d) only (a) is correct

13. an arbitral award(a) has to be in writing but need not

be signed(b) has to be in writing and signed

by the members of the arbitral tribunal

(c) may be oral(d) either (a) or (b) or (c).

14. An arbitral award(a) must state the reasons upon

which it is based (b) must state the reasons upon

which it is based only when the parties have agreed for the same

(c) need not state the reason upon which it is based

(d) may state r may not state the reasons upon which it is based

as per discretion of the members of the arbitral tribunal.

15. After he arbitral award is made, each party shall be delivered (a) the original award(b) a signed copy of the award(c) a photocopy of the award(d) an unsigned copy of the award.

16. A sum directed to be paid by an arbitral award shall carry interest(a) @ 6% per annum from the date

of the award till the date of payment

(b) @ 12% per annum from the date of the award till the date of payment

(c) @ 18% per annum from the date of the award till the date of payment

(d) @ 24% per annum from the date of the award till the date of payment.

17. Finality to arbitral awards within meaning of section 35 of the Arbitration and Conciliation Act, 1996 shall(a) not be binding on parties (b) be binding on government

authority(c) be binding on first party only(d) be binding on the parties and

person claiming under them respectively.

18. An arbitral award shall be enforced in the same manner as if it were a decree of (a) Local authority(b) The court(c) The tribunal(d) both (b) and (c).

19. an arbitral award becomes enforceable when(a) the time for making an

application for setting aside the arbitral award has been made

(b) an application for setting aside the arbitral award has been refused

(c) either (a) or (b) (d) neither (a) nor (b).

20. Which of the following in the correct statement (a) an arbitral award can be inferred

with if it is contrary to the substantive provisions of the Act or against the terms of the contract

(b) an arbitral award can be set aside if the arbitral tribunal has not followed the mandatory procedure prescribed under the Act

(c) an arbitral award can be set aside if it is contrary to fundamental policy of Indian law or the interest of India, or justice or morality


21. Which one of the following in incorrect statement:(a) an arbitral award is a contract(b) an arbitral award must be in

writing and signed.(c) an arbitral award includes an

interim award.(d) None of the above

22. To invoke international commercial arbitration it is necessary that at least one of the parties is:(a) a body corporate which is

incorporated in any country other than India

(b) Government of a foreign country(c) an individual who is a national

of, habitually resident in any country other than India.


23. Private arbitration is also described as:(a) integral arbitration (b) consensual arbitration (c) domestic arbitration(d) none of the above.

24. Ad-hoc arbitration can be sought:(a) when the parties involved in

commercial transaction choose to incorporate arbitration clause as a part of agreement to refer their future disputes

(b) when a dispute that arose between the parties to a business transaction could not

be settled through mediation or conciliation

(c) when the parties agree to submit to arbitration ‘all or any’ differences which arisen or may arise

(d) only (b) and (c).

25. Statutory arbitration is:(a) imposed on the parties by

operation of law(b) a compulsory arbitration(c) where consent of the parties is

not necessary (d) all of the above.

26. Which is correct statement:(a) Institutional arbitration has its

own set of rules.(b) Indian Council of Arbitration is

the apex body (c) the rules may provide for

domestic or international arbitration or for both


27. Which is incorrect statement:(a) Arbitrator is a person to whom

the matters in the dispute are submitted by the parties

(b) the Arbitral Tribunal can make law of its own

(c) the Arbitral Tribunal is the creature of an agreement

(d) both (b) and (c) are incorrect.

28. Court under section 2(1)(e), Arbitration and Conciliation Act means(a) Court of Small Causes(b) Principal Civil Court and Civil

Court of an interior grade(c) Principal Civil Court of original

jurisdiction (d) All of the above

29. A party’ within the meaning of section Arbitration & Conciliation Act, 1996 means(a) party to the contract (b) party to the arbitration

agreement(c) party to the suit/proceedings(d) either (a) or (b) or (c).

30. The definition of ‘Arbitral Tribunal’ under the Arbitration and Conciliation Act, 1996 means(a) sole arbitrator or a panel of

arbitrators(b) sole arbitrator only(c) panel of arbitrators only(d) presiding officer.

31. The arbitral tribunal may arrange for administrative assistance(a) with the consent of the parties(b) with the consent of the claimant(c) without the consent of the

parties(d) of its own irrespective of the

consent of the parties.

32. The arbitral tribunal may arrange for administrative assistance by a suitable(a) institution (b) person(c) either institution or person(d) neither (a) nor (b).

33. A written statement of the reasons for the challenge to the arbitral tribunal has to be sent(a) on becoming aware of the

constitution of the arbitral tribunal

(b) on becoming aware of the reasons of challenge after the appointment of the arbitrator

(c) either (a) or (b)(d) neither (a) nor (b).

34. A written statement of the reasons for the challenge to the arbitral tribunal has to be sent within(a) 15 days of becoming aware of

the constitution or the reasons(b) 30 days of becoming aware of

the constitution or the reasons(c) 7 days of becoming aware of the

constitution or the reasons(d) 60 days of becoming aware of

the constitution

35. The arbitral tribunal has the jurisdiction to rule(a) on its own jurisdiction(b) on objections as to the existence

of the arbitration agreement

(c) on objection as to the validity of the arbitration agreement

(d) all of the above.36. A plea questioning the jurisdiction

of the arbitral tribunal (a) must be raised before or at the

time of submission of statement of defence

(b) may be raised after the submission of the statement of defence

(c) can be raised at any time before the conclusion of arbitral proceedings

(d) can be raised at any time before the making arbitral award.

37. A party shall be precluded from raising the question of jurisdiction of arbitral tribunal(a) where he has appointed the

arbitrator (b) where he has participated in the

appointment of the arbitrator(c) both (a) and (b)(d) neither (a) nor (b).

38. During the arbitral proceedings the arbitral tribunal(a) can make interim award(b) may require a party to provide

appropriate security(c) both (a) and (b)(d) either (a) or (b).

39. The arbitral tribunal has the jurisdiction to

(a) award interest on the whole or part of the money

(b) award interest on the whole of the money only

(c) award interest on part of the money only

(d) either (b) or (c).

40. The expression ‘Arbitration agreement’ under section 7 of Arbitration an Conciliation Act, 1996 means(a) any agreement which have

arisen under the Arbitration Act of 1940

(b) any agreement to submit to arbitration all or certain dispute which have arisen or which may arise between them in respect of a define legal relationship, contractual or not.

(c) any agreement to submit to arbitration certain disputes of civil nature

(d) any agreement to submit to arbitration certain disputes of criminal nature.

41. The expression ‘International Commercial Arbitration’ has been defined in:(a) Section 2(1)(e)(b) Section 2(1)(g) (c) Section 2(1)(g)(d) None of the above.

42. Which is incorrect statement:

(a) ‘Court’ means principal Civil Court of original jurisdiction in a district.

(b) ‘Court’ also includes any court of a grade inferior to principal Civil Court or any Small Causes Court

(c) ‘Court’ also includes High Court in exercise of its ordinary original civil jurisdiction


43. The word ‘arbitration’ in 1996 Act connotes the same meaning as contained in:(a) Article 2(d) of Model Law of

UNCITRAL(b) Article 2(b) of Model Law of

UNCITRAL(c) Article 2(a) of Model Law of

UNCITRAL(d) None of the above.

44. The arbitrator in case of international commercial arbitration is appointed by:(a) Parties themselves (b) Attorney-General of India(c) Justice of India(d) Of the Supreme Court(e) Both (a) and (c).

45. The members of Statutory Arbitral Tribunals are appointed by:(a) parties themselves (b) State (c) Centre(d) None of the above.

46. Which is incorrect statement:(a) Arbitration agreement is a kind

of contract(b) Parties to the arbitration must

be legal persons(c) Arbitration agreement

recognizes verbal agreement(d) Both (b) and (c) are incorrect.

47. The Pendency of any arbitral proceeding is not a pre-condition in exercise power by court. The court may grant interim relief before or during arbitral proceedings or at anytime after making of the arbitral award before it is enforced. It was held in case of(a) Om Prakash v. State of Uttar

Pradesh, AIR 2010 Uttra 64(b) Globe Co-generation Power Ltd.

v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR 2005 Kant 94.

(c) MCD v. Pradeep Oil Mills Pvt. Ltd., AIR 2010 Del 119


48. Which is incorrect statement:(a) Arbitration agreement should be

in writing(b) Arbitration agreement can be in

the form of a separate agreement.

(c) The Act does not require that it should be signed by both the parties


49. Which article of the Constitution of India authorizes the government to enter into an arbitration agreement:(a) Art. 235(b) Art. 299(c) Art. 39(d) both (a) and (c).

50. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement(a) Shall be in writing (b) May be oral(c) Either in writing or oral(d) Neither in writing nor oral.

51. Reference in a contract to a document containing an arbitration clause(a) does not constitute an

arbitration agreement(b) constitutes an arbitration

agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract

(c) constitutes an arbitration agreement where the contract though oral, the reference is such as to make that arbitration clause part of the contract


52. Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement shall be in writing if it is contained in

(a) a document signed by the parties

(b) an exchange of letter, telex, telegrams or other means of telecommunication which provide a record of the agreement

(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not defined by the other party

(d) either (a) or (b) or (c).

53. Scope and object of section 8 of the Arbitration and Conciliation Act, 1996(a) the same as that of section 34 of

the Arbitration Act, 1940(b) different from that of section 34

of the Arbitration Act, 1940(c) same or different from that of

section 34 of the Arbitration Act, 1940, depending on the facts and circumstances of the case


54. An application for referring the parties to arbitration under section 8, Arbitration and Conciliation Act, 1996, must be accompanied by(a) the original arbitration

agreement or a photocopy thereof

(b) the original arbitration agreement or a duly certified copy thereof

(c) a duly certified copy of the arbitration agreement or a photocopy thereof

(d) the original arbitration agreement only.

55. Once an application under section 8, Arbitration and Conciliation Act for referring the parties to arbitration is allowed, the proceedings I which the application was made are liable to be(a) stayed (b) adjourned sine die(c) dismissed as not maintainable(d) either (a) or (b).

56. The provision of section 8, Arbitration and Conciliation Act, 1996 are(a) pre-emptory(b) directory(c) discretionary(d) optional.

57. Section 8, Arbitration and Conciliation Act, 1996(a) bars the court from referring the

parties to arbitration once the party has submitted his statement

(b) does not bar the court fro referring the parties to arbitration after submission of his statement, where the party who has brought the action does not object

(c) does not bar the court from referring the parties to arbitration after submission of his statement, irrespective of whether the party who has brought the action has any objection to it or not

(d) only (a), and not (b) or (c).

58. An application under section 8, Arbitration and Conciliation Act, 1996, contemplates(a) A matter pending before the

Court(b) A matter pending before a quasi-

judicial authorities (c) A matter pending before an

administrative(d) Either (a) or (b) or (c).

59. Section 9 of 1996 Act is identical to:(a) Section 41(b) of 1940 Act(b) Section 40 of 1940 Act(c) Section 39 of 1940 Act(d) None of the above

60. Section 9 of 1996 Act deals with:(a) interim measures by the court(b) discretionary powers of the

court(c) both (a) and (b)(d) None of the above.

61. While considering the grant of interim measures, the Court may see whether:(a) the applicant has made prima

facie case

(b) the balance of convenience is in his favour

(c) he would suffer irreparable injury if such measures are not granted.


62. Under section 9, interim measures by the court does not include:(a) appointment of a guardian for a

minor or a person of unsound mind for purposes of arbitral proceedings

(b) appointment of receiver(c) securing the amount in dispute

in arbitration(d) none of the above

63. The court has a jurisdiction to entertain an application for interim measures:(a) either before arbitral proceeding

or after making of the arbitral award

(b) before the arbitral award is enforced

(c) can exercise power suo motu(d) both (a) and (b).

64. in case of three, arbitrators, the ‘third arbitrator’ shall act as:(a) an umpire(b) a Presiding Arbitrator(c) sole arbitrator(d) none of the above

65. ‘An arbitration agreement specifying even number of

arbitrators cannot be a sole ground to render arbitration agreement invalid’- this was laid down in:(a) Grid corporation of Orissa Ltd. v.

Indian Chare Chrome, AIR 1998 SC 1761

(b) K.K. Modi v. K.N. Modi, AIR 1998 SC 1297

(c) M.M.T.C Ltd v. Sterlite Industries (India) Ltd., AIR 1997 SC 605

(d) Sundaram Finance Ltd. v. N.E.P.C. India Ltd., AIR 1999 SC 565.

66. The ‘Presiding Arbitrator’ is appointed by:(a) parties to the arbitration

agreement(b) the appointed arbitrator by each

party(c) the Court(d) either (a) or (b) or (c).

67. The appointment of arbitrator/arbitrators, made:(a) by the parties(b) by designated authority(c) by arbitral institution(d) either (a) or (b) or (c).

68. The parties to the arbitration agreement appoint arbitrator within:(a) thirty days(b) sixty days(c) forty days(d) ninety days.

69. Which is the incorrect statement:The High Court before appointing an arbitrator shall have due regard to-(a) qualifications required of the

arbitrators by agreement of the parties

(b) nationality of the arbitrator(c) other considerations which are

likely to see the appointment of an impartial arbitrator.


70. Under section 10, Arbitration and Conciliation Act 1996, the parties are free to determine the number of arbitrators, provided that such number(a) does not exceed three(b) does not exceed five(c) does not exceed seven(d) is not an even number.

71. Where the parties fail to provide for an odd number of arbitrators, the arbitral tribunal shall consist of (a) three arbitrators(b) five arbitrators(c) sole arbitrator(d) either (a) or (b) or (c).

72. Under section 11, Arbitration and Conciliation Act, 1996, a person for being an arbitrator (a) must be an Indian national(b) must be an Indian citizen(c) may be a person of any

nationality

(d) may be a person of any nationally, except an alien enemy.

73. In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators, under section 11, Arbitration and Conciliation Act, 1996(a) each party shall appoint one,

and the two appointed arbitrators shall appoint the third arbitrator

(b) the claimant shall appoint two arbitrators and the disputant shall appoint one

(c) the disputant shall appoint two arbitrators and the claimant shall appoint one

(d) all the three, to be appointed by the Court.

74. Under section 11, Arbitration and Conciliation Act, the arbitrator has to be appointed(a) within 30 days of the arbitration

agreement(b) within 30 days of arising of the

dispute(c) within 30 days of failure to

resolve the dispute of their own(d) within 30 days from the receipt

of request for appointment of arbitrator from the other party.

75. In the case of appointment of sole or third arbitration in an

international commercial arbitration, a person(a) who is of the nationality of the

claimant may be appointed as arbitrator

(b) who is of the nationality of the disputant may be appointed as an arbitrator

(c) who is of any nationality irrespective of the nationalities of the parties may be appointed as an arbitrator

(d) who is of a nationality other than the nationalities of the parties may be appointed as an arbitrator.

76. A party…….. (a) cannot challenge an arbitrator

appointed by him(b) may challenge an arbitrator

appointed by his for reason of which he becomes aware after the appointment has been made

(c) may challenge an arbitrator appointed by his for reason known to him before the appointment is made

(d) may challenge an arbitrator appointed by his irrespective of the reasons being known to him before the appointment or becoming aware of the reasons after the appointment has been made.

77. The power of appointment of arbitrator in exercise of power

under section 11(6) of 1996 Act by the Chief Justice or his designate is:(a) a judicial order (b) an administrative order(c) an interim order(d) none of the above

78. Section 12 of Arbitration and Conciliation Act, 1996 deals with(a) procedure for arbitration(b) grounds for challenge to

Arbitrator(c) finality of award(d) none of the above

79. Section 12(3) provides the ground for challenging to the arbitrator when:(a) he is not independent or

impartial(b) he is a foreign national(c) he is not qualified as per

agreement between the parties(d) both (a) and (c).

80. Under section 11 of Arbitration and Conciliation Act, 1996, an arbitrator can be(a) a person or a arbitrator of any

previous disputes(b) a person of concerned State(c) a person of Indian origin only(d) a person of any nationality

81. Section 13 of Arbitration and Conciliation Act, 1996 lays down:(a) the termination of mandate of

arbitrator

(b) the procedure for challenging an arbitration

(c) powers of arbitral tribunal(d) none of the above.

82. Where there is a challenge to arbitrator under any procedure agreed upon by the parties, the Arbitral Tribunal shall(a) send the matter to the court(b) appoint any other arbitrator at

its own discretion(c) not continue the arbitral

proceedings(d) continue the arbitral

proceedings and shall decide on the challenge.

83. The mandate of an arbitrator shall terminate(a) when he withdraws from his

office for any reason(b) when he becomes de jure or de

facto unable to act without undue delay

(c) when the parties have agreed to terminate arbitrator’s authority


84. When the mandate of an arbitrator terminate(a) no other arbitrator shall be

appointed(b) a substituted arbitrator shall be

appointed (c) the matter shall be sent to the

court

(d) the dispute shall remain undecided by the Arbitrators.

85. The Arbitral Tribunal shall rule(a) at the direction of court(b) on its own discretion (c) at the instruction of parties(d) as per provisions of General

Clauses Act, 1897

86. The party applying for the enforcement of a foreign award shall, produce before the court(a) original award or a copy thereof

authenticated by law of the country

(b) original agreement for arbitration or a duly certified copy thereof

(c) such evidence as may be necessary to prove that the award is a foreign award


87. The Arbitral Tribunal may(a) appoint one or more experts to

report to it on specific issues to be determined by itself

(b) appoint only one expert to report to it on specific issues to be determined by the arbitral Tribunal

(c) appoint a Court Receiver to report specific issues

(d) may appoint Court Commissioners to report specific issues.

88. Which is incorrect statement: (a) the arbitral tribunal is bound by

Code of Civil Procedure, 1908(b) the arbitral tribunal is bound by

Indian Evidence Act, 1872(c) both (a) and (b) are incorrect(d) none of the above

89. The provision which provides for mutual settlement of dispute by parties before the arbitral tribunal is laid down under:(a) Section 24(b) Section 30(c) Section (d) Section

90. The arbitral tribunal may by order terminate the arbitral proceedings when:(a) When parties have mutually

agreed to seek formation of arbitral proceedings

(b) When the claimant withdraws his disputed case and which is not objected by the respondent

(c) When the arbitral Tribunal thinks it is impossible to continue proceedings


91. Where the challenge to the arbitrator is not successful(a) the arbitral Tribunal shall stay

the proceedings giving opportunity to the party to take appropriate legal proceedings against the order

(b) the arbitral Tribunal shall continue the arbitral proceedings but shall not make an arbitral award till the disposal of proceedings, if any, initiated by the party challenging the arbitration against the said order

(c) the arbitral Tribunal shall continue the arbitral proceedings and make the award

(d) the arbitral Tribunal shall continue the proceedings only with the consent of the party who has challenged the arbitrator.

92. The expression ‘costs’ under section 31 means reasonable costs relating to:(a) fees and expenses of the

arbitrators(b) administration fees of the

institution supervising the arbitration

(c) only (a) (d) both (a) and (b).

93. Under section 32, the principle of res judicata is applicable in:(a) a case having reference to an

arbitral Tribunal(b) a suit in a court of law(c) interim award made by the

arbitral Tribunal(d) only (a) and (b).

94. The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:(a) within sixty days (b) within thirty days(c) within ninety days(d) none of the above.

95. Section 34 of 1996 Act is analogous to:(a) Section 30 of 1940 Act(b) Section 28 of 1940 Act(c) Section 32 of 1940 Act(d) None of the above.

96. The provision for setting a side the arbitral award is laid down under:(a) Section 32 of the Act(b) Section 36 of the Act(c) Section 34 of the Act(d) None of the above.

97. An arbitral award may be set aside by the court if:(a) the arbitral award is in conflict

with the public policy of India(b) the subject-matter of dispute is

not capable to settlement by arbitration under the law for the time being in force

(c) both (a) and (b) are incorrect(d) both (a) and (b) are correct.

98. An application for setting aside an arbitral award must be made by the party after receiving the award within:(a) three months

(b) thirty days(c) ninety days(d) forty days

99. The delay in making an application for setting aside the arbitral award under section 34(a) cannot be condoned(b) can be condoned for a maximum

period of 30 days(c) can be condoned for a maximum

period of 60 days(d) can be condoned for a maximum

period of 90 days.

100.For condonation of delay in making an application for setting aside the arbitral award(a) section 34 of the Act is complete

in itself(b) section 5 of the Limitation Act

1963 is applicable(c) both (a) and (b)(d) neither (a) nor (b).

101.Delay in making an application for setting aside the arbitral award (a) can be condoned under section

5 of Limitation Act(b) cannot be condoned by invoking

section 5 of Limitation Act(c) may be condoned under section

5 of Limitation Act as per disceretion of the court

(d) only (a) and not (b) or (c).

102.Which of the following is incorrect statement

(a) the affect of award being set aside is no longer enforceable by law

(b) the setting aside of an award acts as a bar to subsequent arbitral proceeding on the same dispute

(c) the setting aside of an arbitral award invalidates the arbitral agreement

(d) none of the above

103. Under section 34, misconduct in proceeding means: (a) proceeding ex parte without

sufficient cause(b) improper rejection of evidence(c) both (a) and (b)(d) only (a).

104.‘Personal misconduct’ connotes:(a) bias(b) bribery(c) having interest in the subject-

matter of reference(d) all of the above

105.Which is incorrect statement:(a) an award of an arbitral tribunal

can be set aside partly.(b) the arbitral tribuna may by order

terminate the arbitral proceedings

(c) an arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal


106.Right of action which is extinguished by the death of a person includes:(a) suit for damages for wrongful

arrest(b) sui for specific performance of

contract(c) right of damages for defamation(d) only (a) and (c).

107.Section 39 deals with:(a) costs of arbitration (b) fees for the arbitrators(c) unpaid costs of arbitration(d) none of the above

108.Which of the following is incorrect statement:(a) Revision application is not

maintainable against appellate order,

(b) the orders of arbitral tribunals are appealable

(c) any right to appeal to the Supreme Court is not prohibited


109.Section 38 deals with:(a) unpaid costs of arbitration(b) fixation of the costs of an

arbitration(c) both (a) and (b)(d) none of the above

110.Section 41 deals with:(a) provision in case of insolvency(b) provision in case of death

(c) provision in case of minor(d) none of the above

111.Section 43 deals with:(a) jurisdiction (b) limitation(c) finality of arbitral award(d) none of the above

112.The expression ‘foreign award’ is defined under(a) Section 41(b) Section 42(c) Section 44(d) Section 40.

113.‘Foreign award’ implies:(a) where one of the parties is

foreign national(b) where the award is made in

foreign country where subject-matter deals with international trade

(c) all of the above.

114.Which of the following is incorrect statement:(a) The New York Convention shall

apply to the arbitral awards made in state where their recognition and enforcement is sought

(b) The New York Convention Shall apply to arbitral awards not considered as ‘domestic awards’ where their recognition and enforcement is sought

(c) both (a) and (c)(d) None of the above

115.‘Foreign award’ under section 44 means:(a) that the award must have been

made on or after 11th day of October 1960.

(b) that the award must have been made after 28th day of July 1924

(c) that the award must have been made on or after 12th day of Devember 1971


116.The enforcement of a foreign award may be refused if:(a) the party against whom the

award is invoked was not given proper notice of the appointment of the arbitrator

(b) enforcement of the award would be contrary to the public policy of India

(c) none of the above(d) both (a) and (b).

117.Section 48 lays down the provision for:(a) foreign award(b) power of judicial authority to

refer parties to arbitration(c) bindings effect of foreign award(d) conditions for enforcement of

foreign awards.

118.Under section 48, contrary to public policy of India connotes:(a) interests of India(b) justice or morality

(c) fundamental policy of Indian Law


119.Section 53 has 1 mired application because:(a) it applies to the jurisdiction of

different parties to the New York Convention

(b) it applies to the jurisdiction of different parties to the Geneva Convention

(c) it applies to the jurisdiction of domestic land

(d) none of the above.

120.Section 53 talks about the arbitration agreement:(a) in general (b) in specific(c) in simplicitor (d) none of the above.

121.Part II of the Act deals with:(a) New York Convention awards(b) Geneva Conventions(c) Conciliation(d) both (a) and (b)

122.Part III of the Act deals with:(a) Geneva Conventions(b) Conciliation(c) UNCITRAL(d) New York Convention awards

123.Part I of the Act deals with:(a) Domestic Arbitration (b) New York Convention awards

(c) UNCITRAL(d) None of the above

124.Section 61 is in pattern of:(a) UNCITRAL Conciliation Rules(b) Arbitration (Protocol and

Convention) Act, 1937(c) General Conventions(d) None of the above

125.Which of the following is incorrect statement:(a) life arbitration conciliation is also

another mean of setting disputes(b) life arbitration, prior agreement

in writing is required an conciliation

(c) like arbitration, third person is chosen by the parties to resolve the disputes


126.Conciliation proceedings are incorporated under:(a) Section 61 to 81 of Part III of the

Act(b) Section 60 to 81 of Part III of the

Act(c) Section 59 to 86 of Part III of the

Act(d) None of the above

127.Part III of the Act, shows the importance of:(a) voluntary conciliation (b) involuntary conciliation (c) directive conciliation(d) none of the above

128.Which of the following is incorrect statement:(a) conciliation is a process where

one party of dispute initiates and other party assents to adopt.

(b) Conciliation is a method of settlement.

(c) Conciliation applies to contractual dispute only


129.Which one of the following is incorrect statement:(a) conciliation means setting of

disputes without litigation(b) the conciliators do not engage in

any formal hearing(c) the party comes to settlement

only when the award is made by the conciliator


130.The conciliation proceedings:(a) can be used as evidence in any

judicial proceedings(b) can be used as evidence only in

the arbitral proceedings(c) can be used as evidence only on

the discretion of the judge or arbitrator

(d) cannot be used as evidence in any arbitral or judicial proceedings.

131.Conciliation law is adopted on the pattern of:(a) ICADR Rules, 1996

(b) Arbitration (Protocol and Convention) Act, 1937

(c) UNCITRAL Rules, 1980(d) None of the above.

132.Conciliation proceedings:(a) cannot be terminated later(b) can be terminated only by judge

of High Court(c) can be terminated by a written

declaration by a party to the other party

(d) both (b) and (c).

133.Conciliation proceedings shall commence:(a) when both the parties comes to

a written agreement(b) when written invitation to

conciliation is made to the other party

(c) when both the parties agree for conciliation mutually


134.In Conciliation:(a) the parties come to settlement

after the award of the conciliator(b) the parties come to a settlement

without making of any award by the conciliator

(c) the parties come to any settlement only after the agreement of settlement or conciliation is signed in front of the conciliator


135.The power and functions of the conciliator has been laid down under:(a) Section 64(b) Section 62(c) Section 67(d) Section 63.

136.The provisions for the appointment of the conciliator is laid down under:(a) Section 64(b) Section 67(c) Section 62(d) Section 61.

137.Section 64, which provides for the procedure for the appointment of the conciliator is enacted on the basis of:(a) Article 2 of UNCITRAL Concilia-

tion Rules(b) Article 4 of UNCITRAL Concilia-

tion Rules(c) Article 3 of UNCITRAL Concilia-

tion Rules(d) none of the above

138.Which of the following is incorrect statement:(a) the conciliator shall assist the

parties in an independent and impartial manner

(b) the conciliator can make proposals for settlement but it has to be accompanied by the statement of reasons

(c) the conciliator shall be guided by principle of objectively, fairness and justice

(d) none of the above.139.The conciliator is required to be

bound by:(a) principles of natural justice(b) Code of Criminal Procedure,

1973(c) Code of Civil Procedure, 1908(d) both (a) and (c).

140.The conciliation proceedings shall be terminated:(a) by signing of the settlement

agreement by the parties, on the date of agreement

(b) by written declaration of the parties and the conciliator to terminate the conciliation proceedings on the date of declaration

(c) by written declaration of the parties addressed to the conciliator to the effect that conciliation proceedings are terminated, on the date of declaration


141.Termination of Conciliation pro-ceedings are laid down under:(a) Section 76(b) Section 74(c) Section 73(d) Section 75.

142.Section 73 lays down the provisions for:(a) costs(b) termination of conciliation pro-

ceedings(c) confidentiality(d) settlement agreement.

143.After the settlement agreement is reached between the parties to conciliation:(a) the conciliator makes an award

stating the reasons thereof(b) the conciliator shall authenticate

the settlement agreement and furnish a copy thereof

(c) the conciliator shall refer the matter to the tribunal


144.Section 81 of the Act lays down the provision for:(a) admissibility of evidence in other

proceedings(b) role of conciliator in other

proceedings(c) power of the High Court to make

rules(d) none of the above.

145.The evidence which is inadmissible under section 81 is:(a) admissions made by other party

in the course of the conciliation proceedings

(b) proposals made by the conciliator

(c) views expressed by the conciliator in course of conciliation proceedings


146. Section 63 deals with:(a) number of conciliators.(b) appointment of conciliators(c) role of conciliators(d) none of the above

147.The term ‘fairness’ embodies:(a) the concept of justice (b) the concept of equality(c) the concept of unbiasness(d) none of the above

148.Part IV of the Act deals with:(a) Geneva Conventions(b) Costs and Expenses(c) Supplementary Provisions (d) None of the above

149.The ‘Principle of Confidentiality’ is laid down under:(a) Section 76(b) Section 73(c) Section 75(d) Section 74.

150.The ‘Principle of Co-operation’ is laid down under:(a) Section 71(b) Section 70(c) Section 69(d) None of the above

151.Under section 41, where a party cannot represent himself due to insolvency, he shall be represented by:(a) Official Assignee(b) Arbitrator himself(c) Receiver (d) both (a) and (c)

152.Which of the following is incorrect statement:(a) under section 40, the arbitration

agreement shall not be discharged by death of the party

(b) under section 40, where the death occurs during the course of the arbitral proceedings, all the legal representatives are bound by the award

(c) under section 40, the legal representatives are bound by the award if death occurs during the course of proceedings, but after the death a new arbitrator has to be appointed


153.Section 30 of the Act lays down the provision for:(a) mutual settlement of disputes by

parties before the arbitral Tribunal

(b) form and content of the interim award

(c) termination of the proceedings of an arbitral Tribunal

(d) correction and interpretation of an arbitral Tribunal.

154.A written arbitration agreement is authentic if it is contained in:(a) a document signed by the

parties(b) an exchange of letters, telex,

telegrams or other means of telecommunication which provide a record of the agreement

(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other

(d) All the options are correct.

155.For the purpose of section 5 of the Arbitration and Conciliation Act, 1996, which among the following statements are true:(a) No Judicial authority shall

intervene except where so provided in the Act

(b) Judicial authority shall intervene(c) Judicial authority shall intervene

if Chief Justice of India intends so(d) None of the above.

156.The mandate of an arbitrator shall terminate if:(a) he becomes de jure or de facto

unable toper form his functions or for other reasons fails to act without undue delay

(b) he withdraws from his office or the parties agree to the termination of his mandate

(c) both (a) and (b) are correct

(d) only (b) is correct.

157.The Arbitral Tribunal shall issue an order for termination of the arbitral proceedings where:(a) claimant withdraws his claim,

unless the respondent objects to the order and the arbitral Tribunal recognises a legitimate interest on his [art in obtaining a final settlement of the dispute

(b) the parties agree on the termination of the proceedings

(c) artificial duminal finals tha the continuation of the proceedings; has for any other reason become necessary or impossible


158.An appeal shall lie from which of the following orders to the court authorized by law to hear appeals from original decrees of the court passing the order:(a) Granting or refusing to grant any

measure under section 9(b) Setting aside or refusing to set

aside on arbitral award under section 34

(c) Only (a) is correct(d) Both (a) and (b) are correct.

159.The party applying for the enforcement of a foreign award shall, at any time of the application, produce before the court-(a) The original award or a copy

thereof, duly authenticated in

the manner required by law of the country in which it was made

(b) The original agreement for arbitration or a duly certified copy thereof

(c) Such evidence as may be necessary to prove that the award is a foreign award

(d) All the above.

160.The party applying for the enforcement of a foreign award shall, at the time of application, produce before the court(a) the original award or a copy

thereof duly authenticated in the manner required by law of country which it was made

(b) evidence providing that the award has become final

(c) such evidence as may be necessary to prove that the conditions under section 57(1)(a) and (c) are satisfied


161.The Arbitrator in respect of escalation cost(a) has jurisdiction to proceed

inherently (b) has no jurisdiction to proceed

inherently (c) has to proceed only within scope

of Contract Act(d) has to proceed only within scope

of Specific Relief Act.

162.Bar of non-registration of Firm under section 69 of Partnership Act, does not affect maintainability of petition under(a) Section 5 of Arbitration and

Conciliation Act(b) Section 9 of Arbitration and

Conciliation Act(c) Section 10 of Arbitration and

Conciliation Act(d) Section 16 of Arbitration and

Conciliation Act

163.If one party is Indian Company and another is American company and the dispute arises out of legal relationship under contract entered between them, then such dispute falls(a) under International Commercial

Arbitration within the meaning of section 2(f) of Arbitration and Conciliation Act, 1996

(b) under general arbitration within the meaning of section 2(a) of Arbitration Act, 1940

(c) under section 3(b) of Civil Procedure Code, 1908

(d) under section 5(b) of General Clauses Act, 1897.

164.Inability of lawyer to attend arbitral sitting due to illness is ground(a) for setting aside the award(b) for adjournment(c) for sending the case to court(d) for reappointment the arbitrator

165.Inability of counsel to appear due to illness before arbitrator is a ground covered(a) under section 30 of Arbitration

Act, 1940(b) under section 34(2) of

Arbitration and Conciliation Act, 1996

(c) under section 30 of the Limitation Act, 1963

(d) under section 31 of Arbitration and Conciliation Act, 1996.

166.Before the enactment of Arbitration and Conciliation Act,

1996 which Act has been applicable in India for arbitration procedure(a) The Arbitration Act, 1940(b) The Code of Civil Procedure,

1908(c) The General Clauses Act, 1897(d) None of the above.

ANSWERS

The Arbitration and Conciliation Act, 19961. (c) 34. (a) 67. (d) 100. (a)

133. (b)

2. (d) 35. (d) 68. (a) 101. (b) 134. (b)

3. (a) 36. (a) 69. (b) 102. (c) 135. (c)

4. (c) 37. (d) 70. (d) 103. (c) 136. (a)

5. (a) 38. (c) 71. (c) 104. (d) 137. (b)

6. (a) 39. (a) 72. (c) 105. (a)138. (b)

7. (c) 40. (b) 73. (a) 106. (d)139. (a)

8. (a) 41. (c) 74. (d) 107. (c)140. (d)

9. (b) 42. (b) 75. (d) 108. (d)141. (a)

10. (c) 43. (c) 76. (b) 109. (b) 142. (d)

11. (d) 44. (e) 77. (b) 110. (a) 143. (b)

12. (d) 45. (b) 78. (b) 111. (b) 144. (a)

13. (b) 46. (c) 79. (d) 112. (c) 145. (d)

14. (a) 47. (b) 80. (d) 113. (d) 146. (a)

15. (b) 48. (d) 81. (b) 114. (c) 147. (b)

16. (c) 49. (b) 82. (d) 115. (a) 148. (c)

17. (d) 50. (a) 83. (d) 116. (d) 149. (c)

18. (c) 51. (b) 84. (b) 117. (d) 150. (a)

19. (c) 52. (d) 85. (b) 118. (d) 151. (d)

20. (d) 53. (b) 86. (d) 119. (b) 152. (c)

21. (a) 54. (b) 87. (a) 120. (c) 153. (a)

22. (d) 55. (c) 88. (c) 121. (d) 154. (d)

23. (b) 56. (a) 89. (b) 122. (b) 155. (a)

24. (b) 57. (b) 90. (d) 123. (a) 156. (c)

25. (d) 58. (a) 91. (c) 124. (a) 157. (d)

26. (d) 59. (a) 92. (d) 125. (b) 158. (d)

27. (b) 60. (a) 93. (d) 126. (a) 159. (d)

28. (c) 61. (d) 94. (b) 127. (a) 160. (d)

29. (b) 62. (d) 95. (a) 128. (c) 161. (a)

30. (a) 63. (d) 96. (c) 129. (c) 162. (b)

31. (a) 64. (b) 97. (d) 130. (d) 163. (a)

32. (c) 65. (c) 98. (a) 131. (c) 164. (a)

33. (c) 66. (b) 99. (b) 132. (b)165. (b)

166. (a)

COURSE – I

“CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT AND

PROBATION OF OFFENDERS ACT” (CODE: K-301)

Unit I: Definition, constitution, Powers and Jurisdiction of Criminal Courts, Preventive and Precautionary Provisions i.e., Chapter 8,9,10 & 11.Cr. PC.

Unit II: Maintenance of wives, Children and parents (S. 125to S.128) Investigation, Arrest, Rights of the arrested person. Bail, Principal features of Fair Trials.

Unit III: Cognizance of offences, Complaints to magistrate, Commencement of proceedings before Magistrate in summan & Warrant cases, Process of compel appearance charge, Previous acquittal & convictions. Tender of Pardon to accomplice, Compounding of offences.

Unit IV: Trial before High Court & Court of Session. Trial of warrant & summany cases by Magistrate. Summary Trial alongwith transfer of cases. Appeal, reference and Revision Limitation for taking congnizance (S. 467 to S. 473)

Unit V: A-Juvenile Justice (Care & Protection of Children), Act2002.B-Probationof Offenders Act, 1958 alongwith S.360 of Criminal Procedure Code. 1973.

Criminal Procedure 1973

Objective Questions:

(ii) State what can be done in the following cases:-

(a) When a person is committed for trail without a chare or upon a wrong charge.(b) When it is doubtful in a series of acts what offence or offences the facts which can be

proved will constitute.(c) When a person is accused of more offences than one of the same kind committed within

the space of twelve months. [1973 H.P.J.S.]

Q.115. Discuss the legality or effect or effect of the following trials:-

(a) An accused was charged with the offence of murder. During trial further evidence was tendered to prove that the accused caused evidence to disappear with the intention of screening the offender but no separate charge was framed and the accused was convicted of the two offences.

(b) An accused was charged with theft and assault. Clear evidences were tendered before the court for commission of both the offences. The court convicted the accused for the offence of theft only.

(c) An accused was charged for committing four distinct offences. After the trial of the case was over and before the judgment was delivered, the court gave permission to the officer conducting the prosecution to withdraw the charge of one offence, and the court convicted the accused for the remaining charges, basing the judgment and the conviction on the clear evidences tendered during trial. [1973 H.P.J.S.]

Q.116. (i) What determines the jurisdiction of a court in criminal matters?

Supposed a crime to be committed so near the border of two districts that it is doubtful within which of the districts it was committed, where can it be tried? [1985 A.P.P.S.C., 1983, 1997 U.P.J.S.]

(ii) What are the cases in which there is no appeal from the sentence of a criminal court? How and on what grounds may a sentence in any such cases be annulled or modified? [1973 H.P.J.S., 1989 H.P.J.S.]

(iii) State under what circumstances, if any, the High Court can set aside a verdict of acquittal.

(iv) What powers are vested in the High Court as a court of revision, which are not vested in it as a court of appeal? [1973 H.P.J.S.]

Q.117. Distinguish between

(a) Trial, Enquiry and Investigation.(b) Complaint and Police Report.(c) Summons Case and Warrant Case.

Q.118. (a) Suppose you are Public Prosecutor in a sessions court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail. [1999 H.C.S., 1986 U.P.J.S.]

(b) Can a court of additional sessions judge take direct cognizance of an offence? If so, under what provision of law?

Q.119. A filed a petition before a Magistrate on 1-4-1972 alleging that on 15-3-1972 B had forcibly dispossessed him from land which was in his possession. He requested the Magistrate to take action under section 145 Cr. P.C. and restore his possession. The Magistrate called for a report from the police which he received on 1-6-1972. On a perusal of the police report he was satisfied that there was a likelihood of a breach of the peace. He issued a preliminary order under section 145(1), Cr. P.C. on the same day. After enquiry, he found that A was in possession of the property till he was dispossessed by B on 15-3-1972. He also found that A had no title to the property but B had a valid and subsisting title. What should the Magistrate do?

Q.120. Two different police challans are presented in the court of a Magistrate Ist Class, one is under section 326 I.P.C. and the other under section 304 of the I.P.C. Describe briefly, how the court should proceed in disposing of these cases.

Q.121. (a) For what purpose can the police diary of a case be used by the Court, the prosecuting counsel and the defence Counsel?

(b) Prosecution witness makes a statement in Court which is different from what he said during investigation. Can he be contradicted with reference to his earlier statement? [1971 D.J.S.]

Q.122. Distinguish between dismissal of a complaint, discharge and acquittal? Also state briefly the remedies available in each of these cases.

[1973, 1982 D.J.S., 1989 H.P.J.S. 1991 U.P.J.S., 2003 A.P.P.S.C., 1971 D.J.S.] _____________________

MULTIPLE CHOICE QUESTIONS

On

The Code of Criminal Procedure, 1973

1. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), with effect from 31-12-2009, which inserted clause (wa) in section 2 in Cr.P.C. defining “victim” as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes(a) victim’s guardian (b) victim’s guardian or legal heir(c) victim’s neighbor(d) victim’s close friend.

2. According to section 41A(1) of Cr.P.C. as inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) and amended in August 2010 the Police Officer shall issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is not required under the(a) provisions of sub-section (1)(a)

of section 41(b) provisions of sub-section (1)(b)

of section 41(c) provisions of sub-section (1)(c)

of section 41(d) provisions of sub-section (1) of

section 41

3. Within the meaning of provisions under section 41C(1) of the Criminal Procedure Code which was inserted

by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) every State Government shall establish a Police Control Room (PCR) in (a) every district(b) State level only(c) both district and at State level(d) State Secretariat only.

4. Criminal Procedure Code which comes under Concurrent List of Constitution of India is(a) unduly rigid and does not make

room for any special law & procedure

(b) not unduly rigid and makes room for any special law & procedure and generally gives precedence to such special law and procedure

(c) not unduly rigid and makes room for any special law & procedure but generally gives precedence to the law & procedure given under the Code


5. What is true to Code of Criminal Procedure(a) it is mainly, though not purely,

an adjective or procedural law(b) there are also certain provisions

which are partly in the nature of substantive law

(c) both (a) & (b)(d) neither (a) nor (b).

6. Which classification of offence comes under Criminal Procedure Code(a) cognizable & non-cognizable (b) bailable & non-bailable(c) summons cases & warrant cases(d) all of the above.

7. Classification of offences given in the Code of Criminal Procedure under(a) Section 320(b) The Ist Schedule(c) The IInd Schedule(d) Section 482.

8. Cognizable offence under IPC has been defined(a) under section 2(a) of Cr.P.C.(b) under section 2(c) of Cr.P.C.(c) under section 2(i) of Cr.P.C.(d) under section 2(l) of Cr.P.C.

9. In a cognizable case under IPC, the police has the(a) authority to arrest a person

without warrant(b) authority to investigate the

offence without permission of the Magistrate

(c) both (a) & (b)(d) either (a) or (b).

10. In a cognizable case under IPC, the police will have all the powers to (a) investigate except the power to

arrest without warrant(b) investigate including the power

to arrest without warrant

(c) investigate and arrest without warrant only after seeking permission from the Magistrate

(d) investigate and arrest without warrant only after informing the Magistrate having jurisdiction to inquire into or try the offence.

11. A Magistrate has the power to direct the police to investigate into an offence in IPC under(a) Section 156(1) OF Cr PC(b) Section 156(2) of Cr PC(c) Section 156(3) of Cr PC(d) all of the above

12. A Magistrate has the power under Cr. P.C. to direct the police to investigate into(a) a non-cognizable offence(b) a cognizable offence(c) only a non-cognizable offence, as

in a cognizable offence the police is under a duty to investigate

(d) both (a) and (b).

13. In a non-cognizable case under IPC, the police has the authority(a) to investigate into the offence

without order given by the Magistrate but cannot arrest the accused without warrant

(b) to investigate and even arrest the accused without warrant

(c) neither to investigate without order of the Magistrate nor can

arrest the accused without warrant

(d) cannot investigate without orders of the Magistrate but can arrest without warrant.

14. Non-cognizable offence has been defined(a) under section 2(a) (b) under section 2(c)(c) under section 2(i)(d) under section 2(1).

15. A case which includes cognizable offences and non-cognizable offences is(a) a cognizable case but requires

sanction of the Magistrate for investigation into the non-cognizable part under section 155(2) of Cr PC

(b) a cognizable case and as such the investigation of the case does not require any sanction of the Magistrate under section 155(2) of Cr PC

(c) a non-cognizable case and as such the investigation of the case requires sanction of the Magistrate under section 155(2) of Cr PC

(d) a non-cognizable case but does not require sanction of the Magistrate under section 155(2) of Cr PC

16. In a non-cognizable case, the accused

(a) can object to the grant of permission under section 155(2) of Cr PC as a matter of right

(b) can object to the grant of permission under section 155(2) of Cr PC with the leave of the Magistrate

(c) can object to the grant of permission under section 155(2) of Cr PC with the leave of the High Court

(d) has no right to participate in the proceedings and cannot object to the grant of permission under section 155(2) of Cr PC

17. Under the Scheme of Criminal Procedure non-cognizable offences are(a) public wrongs(b) private wrongs(c) both public and private wrongs(d) none of the above.

18. A Magistrate has the power to direct the police to investigate in respect of an offence(a) under the Indian Penal Code(b) under any local or special law(c) both (a) and (b)(d) only (a) and not (b).

19. Leave to investigate into a non-cognizable offence can be granted by a(a) Magistrate in any part of India(b) Magistrate in any part of the

State

(c) Magistrate having jurisdiction to try the case

(d) Either (a) or (b) or (c).

20. In a bailable offence, the bail is granted as a matter of right(a) by the police officer(b) by the court(c) both by the police officer & the

court(d) either (a) or (b).

21. In a bailable offence (a) conditions can be imposed while

granting bail by the police officer(b) conditions can be imposed while

granting bail by the court(c) no condition can be imposed

while granting bail by the police or by the court

(d) only mild conditions can be imposed by the court only.

22. Warrant case has been defined under section 2(x) of Cr PC as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term(a) exceeding three years(b) exceeding two year(c) exceeding one year(d) exceeding one year but less than

two years.

23. Classification of summons case & warrant case(a) is useful to determine the trail

procedure to be adopted

(b) is useful to determine the investigation procedure to be adopted

(c) is useful to decide the question of issuance of process to the accused

(d) (a) & (c) are correct.

24. Complaint, as provided under section 2(d) of Cr PC(a) can be in writing only(b) can be oral(c) either in writing or oral(d) can be by gestures.

25. Complaint as provided under section 2(d) of Cr PC(a) can be to a police officer(b) can be to a Magistrate(c) both (a) & (b)(d) must necessarily to be a

Magistrate only.

26. Comparing avieiate to(a) directions(b) recognizable offers(c) both (a) & (b) are correct(d) must be fore a non-cognizable

offence as the police has no power to investigate such an offence.

27. In respect of investigation as provided under section 2(h) of Cr PC, which of the following is incorrect

(a) investigation can be conducted by a police officer

(b) investigation can be conducted by any person so authorized by a Magistrate

(c) investigation can be conducted by a Magistrate himself

(d) both (a) & (b).

28. When a complaint is presented to a Magistrate, and the Magistrate proceeds to examine the complainant & the witnesses

(a) the Magistrate is conducting investigation

(b) the Magistrate is conducting an inquiry

(c) Magistrate is conducting a trial(d) Both (b) & (c).

29. The word Magistrate mentioned in section 156(3) of Cr PC means

(a) a Judicial Magistrate (b) a Special Executive Magistrate(c) an Executive Magistrate(d) either (a) or (b) or (c).

30. A Metropolitan Magistrate, has the power to pass sentence, as provided under section 29 of Cr PC

(a) any sentence authorized by law except a sentence of death, or

(b) imprisonment for life or of imprisonment for a term exceeding seven years

(c) imprisonment for a term not exceeding three years and fine not exceeding Rs. 10,000

(d) imprisonment for a term not exceeding one year and fine not exceeding Rs. 1,000.

31. A Metropolitan Magistrate can award sentence of imprisonment in default of payment of fine

(a) equal to the term of imprisonment which he is competent to inflict as substantive punishment

(b) not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence

(c) not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence

(d) not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence

32. The imprisonment in default of fine

(a) in additional subs senior maximum affordable section 29 without any specific order

(b) shall be in addition to a substantive sentence only when a specific order to that effect is passed

(c) shall not be in addition to the substantive sentence awardable by the Magistrate

(d) shall be in addition to the substantive sentence awardable but subject to the upper limit

for substantive sentence prescribed under section 29.

33. In cases of consecutive sentence on conviction of several offences at one trail by a Metropolitan Magistrate the aggregate punishment

(a) shall not exceed twice the amount of punishment which the Magistrate is competent to inflict for a single offence

(b) shall not exceed the amount of punishment which the Magistrate is competent to inflict for a single offence as prescribed under section 29 of Cr PC

(c) shall not exceed three times the amount of punishment which the Magistrate is competent to inflict for a single offence

(d) shall not exceed 14 years.

34. Classification of compoundable & non-compoundable offences has been provided under

(a) Ist Schedule(b) IInd Schedule(c) Section 320 of Cr PC(d) Section 321 of Cr PC.

35. Offences other than those mentioned in section 320 of Cr PC are

(a) not compoundable

(b) compoundable with the permission of the court

(c) compoundable by the Court of Sessions

(d) compoundable by the High Court.

36. Arrest means

(a) every compulsion or physical restraint

(b) total restraint and complete deprivation of liberty


37. A warrant of arrest is a command

(a) must be a written order(b) signed, sealed & issued by a

Magistrate(c) addressed to a police officer(d) all of the above

38. A person can be arrested without warrant

(a) for securing attendance of accused at trial

(b) as a preventive or precautionary measure

(c) for obtaining correct name & address


39. Which of the following is correct

(a) Magistrate cannot arrest a person

(b) a private person cannot arrest a person

(c) a police officer can arrest a person

(d) both (a) & (b).

40. It is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable, under

(a) section 49 of Cr PC(b) section 50 of Cr PC(c) section 51 of Cr PC(d) section 54 of Cr PC.

41. A police officer arresting a person may carry out the personal search of the person arrest, as provided(a) under section 50 of Cr PC(b) under section 51 of Cr PC(c) under section 54 of Cr PC(d) under section 56 of Cr PC.

42. Section 54 of Cr PC provides for (a) medical examination of the

accused at the request of the police officer

(b) medical examination of the accuses at the request of the accused


43. It is mandatory to produce the person arrest before the Magistrate, within 24 hours of his arrest, under(a) Section 56 of Cr PC(b) Section 57 of Cr PC

(c) Section 58 of Cr PC(d) Section 59 of Cr PC.

44. A proclamation under section 82 of Cr PC can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against(a) accused offender(b) a surety(c) a witness(d) all of the above.

45. A proclamation requiring a person to appear must be published giving(a) not less than 30 days time to the

person concerned (b) not less than 10 days time to the

person concerned(c) not less than 20 days time to the

person concerned(d) not less than 15 days time to the

person concerned.

46. Attachment of the property of the person absconding(a) can only be issued after

publication of the proclamation under section 82 of Cr PC

(b) can be issued before publication of the proclamation under section 82 of Cr PC

(c) can be issued simultaneously with the issue of proclamation under section 82 of Cr PC


47. Period of limitation for filling claims & objections to the attachment of any property attached under section 83 of Cr PC, by any person other than the proclaimed person, as provided under section 84 of Cr PC(a) within three months of

attachment(b) within six months of attachment(c) within one year of attachment(d) within two months of

attachment.

48. Period of limitation for filing a suit to establish the right over the property attached, by a person other than the person proclaimed, who has filed claims & objection to attachment, is(a) three months from the date of

disallowing the claim(b) six months from the date of

disallowing the claim(c) one year from the date of

disallowing the claim(d) three years from the date of

disallowing the claim.

49. If the person proclaimed appears within the period specified in the proclamation, the property attached(a) shall not be released from

attachment(b) shall be released from

attachment(c) shall be forfeited

(d) both (a) & (c).

50. If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment(a) shall not be sold until expiry of

six months from the date of attachment

(b) shall not be sold until any claim or objection under section 84 have been disposed of


51. A proclaimed person whose property has been attached can claim the property or the sale proceeds, on appearance(a) within 6 months of attachment(b) within 2 years of attachment(c) within 3 years of attachment (d) within 1 year of attachment.

52. An arrested person has a right to consult a legal practitioner of his choice. The consultation with the lawyer(a) may not be in the presence of

the police officer(b) may be in the presence of the

police officer but not within his hearing

(c) may be in the presence of the police officer and within his hearing

(d) both (a) & (b)

53. A search warrant is a written authority given to a police officer or any other person for the search of any place(a) generally (b) for specified things or

documents(c) generally as well as for specified

things or documents(d) only (b) of above.

54. Section 91 of Cr PC does not apply to(a) the complainant(b) the accused(c) the witness(d) a person who is neither a

complainant nor an accused nor a witness.

55. The issuance of summons to a person to produce is document(s) under section 91 of Cr PC is(a) declaration (b) mandatory(c) discretionary(d) either (a) or (c).

56. Under section 91 of Cr PC, a person who is summoned to produce a document(s) on appearance before the court(a) becomes a witness and can be

subjected to cross-examination (b) does not become a witness and

can not be subjected to cross-examination

(c) becomes a witness but cannot be subjected to cross-examination

(d) does not become a witness but can be subjected to cross-examination.

57. A person who is required merely to produce a document(s)/thing under section 91 of Cr PC(a) has to attend personally to

produce the document(s)/thing(b) can cause the document(s)/thing

to be produced in the Court(c) either attend personally or cause

the documents(s)/ thing produced in the Court


58. Section 92 of Cr PC lays down the procedure for(a) production of document(s) in the

custody of postal or telegraph authority

(b) production of document(s) in the custody of any person other than the accused

(c) production of document(s) in the custody of an accused person


59. Where a person summoned to produce a document(s)/thing under section 91 of Cr PC, fails to attend personally or causes the document(s)/thing produced in the court against such person

(a) a search warrant can be issued under section 93 of Cr PC

(b) a prosecution for offence under section 175, I.P.C. can be launched

(c) either (a) or (b)(d) both (a) and (b).

60. In the prosecution for an offence punishable under section 175, I.P.C. for non-compliance/disobedience of the summon/issued under section 91 of Cr PC(a) the accused can not take the

defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial

(b) the accused can take the defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trail

(c) the accused cannot question the necessity or desirability of the document(s)/thing, ordered to be produced, for the investigation, inquiry or trial

(d) the accused cannot be permitted to take the defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial, as the necessity or desirability already stands adjudged before the issuance of

summon to produce the document(s)/thing.

61. Who amongst the following is not competent under section 92 of Cr PC to order the postal or telegraph authority to deliver the document(s)/thing(a) District Magistrate(b) Judicial Magistrate(c) Metropolitan Magistrate(d) None of the above.

62. The word ‘inspection’ used in section 93(1)(c), Cr PC refers to(a) things or documents(b) locality & place(c) both (a) & (b)(d) either (a) or (b).

63. A search warrant can be issued in respect of a place(a) used for deposit & sale of stolen

property(b) used for deposit, sale &

production of counterfeit coin, currency notes & stamps

(c) used for deposit, sale & production of forged documents & false seals


64. Under section 95 of Cr PC certain publications can be forfeited and search warrant can be issued for the same. In this context, the propositions are

A. I A newspaper cannot be forfeited & search warrant cannot be issued for the same as if would be violative of the fundamental right of speech & expression and involves the fourth estate.

B. II A book can be forfeited & search warrant can be issued for the same.

C. III A document can be forfeited & search warrant can be issued for the same.Which of the following is correct(a) A & B are correct(b) A & C are correct(c) B & C are correct(d) A, B & C all are correct.

65. Section 87 of Cr PC authorities issuance of warrant(a) in lieu of summon(b) in addition to summons(c) both (a) & (b)(d) none of the abov.

66. A declaration of forfeiture under section 95 of Cr PC can be set aside by(a) Magistrate issuing the search

warrant(b) Chief Judicial Magistrate/Chief

Metropolitan Magistrate(c) Court of Sessions (d) High Court.

67. The period of limitation for an application to set aside the declaration of forfeiture has been provided(a) under section 95 of Cr PC

(b) under section 96 of Cr PC(c) under section 97 of Cr PC(d) under section 98 of Cr PC

And the same is

(a) one month from the date of publication of declaration

(b) two months from the date of publication of declaration

(c) three months from the date of publication of declaration

(d) six months from the date of publication of declaration

68. During investigation a search can be conducted without warrant by(a) any police officer(b) the investigation officer(c) both (a) & (b)(d) either (a) or (b).

69. Search without warrant can be conducted under section 103 of Cr PC(a) in the presence of the

Magistrate who is competent to issue search warrant in respect of any place

(b) in the presence of the Magistrate who is not competent to issue search warrant in respect of any place


70. Search warrant in respect of a place(a) includes search of a person

present in or about that place

(b) does not include search of a person in or about that place

(c) includes search of a person in or about that place only if such person is suspected of concealing about his person any article for which search in being made


71. Joining of two or more independent and respectable inhabitants of the locality in which the place is to be searched is the mandate under(a) Section 100(1) of Cr PC(b) Section 100(2) of Cr PC(c) Section 100(3) of Cr PC(d) Section 100(4) of Cr PC.

72. Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to contain stolen property, erroneously issues a search warrant(a) the search proceedings shall be

void & liable to be set aside(b) the search proceedings shall not

be void & not liable to be set aside

(c) the search proceedings shall be set aside only if challenged by any person aggrieved by the search


73. Section 93(3) of Cr PC provides that no Magistrate other than a District

Magistrate or Chief Judicial Magistrate shall issue warrant(a) the search proceedings shall be

void(b) the search proceedings shall be

voidable if challenged, at the instance of person aggrieved

(c) shall remain valid(d) none of the above

74. In a non-cognizable case, when a Magistrate orders the police to investigate, in that it will be at part with the cognizable offence case and the police will have all the powers in respect of investigation(a) including the power to arrest

without warrant(b) except the power to arrest

without warrant(c) both are correct depending on

the circumstances(d) none of the above

75. Section 39 & 40 Cr PC make it mandatory to give information regarding commission of certain offences. Such information can be given to(a) a Magistrate(b) a police officer(c) either to a Magistrate or to a

police officer(d) the Magistrate & the police

officer both simultaneously.

76. When the police registers a case regarding commission of a

cognizable offence, the registration of the case is under(a) Section 154 of Cr PC(b) Section 155 of Cr PC(c) Section 156(3) of Cr PC(d) Section 190 of Cr PC

77. Usually a copy of F.I.R. is filed with the Magistrate having jurisdiction to take cognizance, by the police officer in compliance to(a) Section 156 of Cr PC(b) Section 157 of Cr PC(c) Section 158 of Cr PC(d) Section 159 of Cr PC.

78. Delay in dispatching the FIR to the Magistrate under section 157 of Cr PC(a) shall always throw out the

prosecution case in its entirely (b) shall never be a circumstance

providing a legitimate basis for suspecting the FIR

(c) may or may not be a circumstance providing a legitimate basis for suspecting the FIR depending on the facts and circumstance brought on record


79. Where the FIR discloses, prima facie commission of a cognizable offence, and there is a delay in sending the FIR to the Magistrate, under section 157 of Cr PC(a) the investigation must go on

(b) the Magistrate can order for stopping of investigation on account of delay in sending the FIR

(c) the Magistrate can order for stopping of investigation irrespective of the delay in sending the FIR

(d) the Magistrate can order for stopping of investigation generally.

80. The investigation police officer in a case has power to require attendance of a person acquainted with the facts and circumstances of the case, under(a) Section 158 of Cr PC(b) Section 159 of Cr PC(c) Section 160 of Cr PC(d) Section 161 of Cr PC

81. The power to direct investigation under section 156(3) of Cr PC can be exercised by (a) a Magistrate(b) a Session Judge(c) both (a) and (b)(d) either (a) or (b).

82. Section 156(2) of Cr PC takes care and cures(a) any irregularity in the conducting

of investigation by the police officer

(b) any illegality in the conducting of investigation by the police officer

(c) both (a) and (b)(d) only (a) and not (b).

83. Under section 159 of Cr PC, a preliminary inquiry into the commission of offence can be conducted (a) by the Magistrate having

jurisdiction to take cognizance(b) by any Magistrate subordinate

to the Magistrate having jurisdiction, under the orders of such Magistrate

(c) by the police(d) only (a) & (b).

84. The powers under section 159 of Cr PC can be exercised by the Magistrate(a) when the police is still

investigating the case(b) when the police decides not to

investigate the case(c) when the police has filed the

report under section 173 of Cr PC


85. The power to require attendance of a person acquainted with the facts and circumstances of the case under section 160 of Cr PC, requires(a) notice by telephone(b) notice in writing(c) either (a) or (b)(d) both (a) and (b).

86. The investigating officer under section 160 of Cr PC cannot require

the attendance at a place other than the place of residence, of (a) a male who is under the age of

18 years(b) a male who is under the age of

16 years(c) a woman(d) either (a) or (b) or (c).

87. The investigating officer under section 160 of Cr PC cannot require the attendance of a male, at a place other than the place of his residence, who is(a) under the age of 15 years(b) under the age of 16 years(c) under the age of 18 years(d) under the age of 21 years.

88. A trail on a police report initiated by the breach of the mandatory provision relating to investigation,(a) is vitiated and liable to be set

aside(b) is not vitiated and cannot be set

aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice

(c) is not vitiated and cannot be set aside at all


89. The propositions are:I. Delay in despatch of the FIR is

not a circumstance which can throw out the prosecution case in its entirety.

II. Delay in despatch of the FIR is a circumstance which can throw out the prosecution case in its entirety.

III. The extra-ordinary delay in sending the FIR is a circumstance which provides a legitimate basis for suspecting that the FIR was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvements.Which of the following is correct in respect of the aforesaid proposition(a) I is true, II & III are false(b) I & III are true, II is false(c) II & III are true, I is false(d) III is true, I & II are false.

90. Section 159 of Cr PC empowers the Magistrate(a) to restrain police investigation

and order magisterial inquiry when the investigation of a cognizable offence by the police is already in process

(b) to order magisterial inquiry into a cognizable offence only in those cases in which the police decides not to investigate the case

(c) to order magisterial inquiry into a cognizable offence where the investigation by the police is already in process


91. Under section 159 of Cr PC, the Magistrate has the power to(a) direct-investigation by the police(b) depute any Magistrate

subordinate to him to hold a preliminary inquiry

(c) either (a) or (b)(d) only (b) and not (a).

92. Section 160 of Cr PC authorizes a police officer to(a) summon a person as a witness (b) summon a person for the

production of documents(c) summon a person for the

production of an article(s)(d) all of the above

93. A person can be summoned as a witness under section 160 of Cr PC, by(a) any Police Officer(b) the Station House Officer(c) an Investigation Officer(d) any of the above.

94. A person who fails to attend on being served with an order under section 160 of Cr PC of an investigating officer, is liable to be prosecuted under(a) Section 173, I.P.C.(b) Section 174, I.P.C.(c) Section 186, I.P.C.(d) all of the above

95. Laying of trap is a part of(a) investigation (b) inquiry

(c) preliminary inquiry(d) trial.

96. Section 161 of Cr PC covers the cases of information received by the police(a) before the commencement of

investigation(b) after the commencement of

investigation(c) after the conclusion of trial(d) both (a) and (b).

97. Who amongst the following is not a police officer(a) enforcement officer investigating

the case under FERA(b) An officer invested with powers

under NDPS Act(c) officer of Railway Protection

Force(d) all of the above.

98. An unjustified and unexplained long delay on the part of the investigation officer in recording the statement of a material witness would render the evidence of such witness(a) unreliable (b) inadmissible(c) inadmissible and unreliable(d) only (b) and not (a).

99. Statement made under section 161, Cr. P.C. during investigation of a cross-case is

(a) always admissible in the main case

(b) may be admissible in the main case

(c) not at all admissible in the main case

(d) admissible in the main case with the leave of the Court.

100.A refusal to answer questions put to a witness under section 161 of Cr PC is an offence under (a) Section 176, I.P.C.(b) Section 179, I.P.C.(c) Section 187, I.P.C.(d) neither (a) nor (b) nor (c).

101.Complaint to the police or statement made to the police that fall within exception 8 of section 499, I.P.C., can claim(a) absolute privilege(b) qualified privilege(c) both absolute as well as

qualified privilege(d) neither absolute nor qualified

privilege.

102.Under section 161 of Cr PC, the investigating police officer has the power to examine orally any person acquainted with the fats & circumstances of the case. The expression ‘any person acquainted with the facts & circumstances of the case’(a) includes accused(b) does not include accused

(c) refers to the prosecution witness only

(d) both (b) & (c).

103.The investigating officer during the investigation records the statement of a witness under(a) Section 160 of Cr PC(b) Section 162 of Cr PC(c) Section 161 of Cr PC(d) Section 164 of Cr PC

104.The Magistrate records the confession of an accused or a statement of a witness during investigation, under(a) Section 164 of Cr PC(b) Section 281 of Cr PC(c) Section 162 of Cr PC(d) Chapter XXIII of Cr PC

105.A joint statement of several witnesses, recorded during investigation(a) will render these persons as

incompetent witnesses(b) will render their evidence as

inadmissible (c) will neither render these persons

as incompetent witnesses nor their evidence inadmissible

(d) will render these persons as incompetent witnesses and also their evidence inadmissible.

106.A statement of a witness recorder under section 161 of Cr PC, in writing during investigation and is

signed by the person making the statement is hit by(a) Section 161(2) of Cr PC(b) Section 161(3) of Cr PC(c) Section 162(1) of Cr PC(d) Section 162(2) of Cr PC

107.FIR is not a substantive evidence, it can be used during trail(a) to corroborate the informant(b) to contradict the informant(c) both (a) & (b)(d) neither (a) nor (b).

108.FIR can be given by the accused also. If FIR is given by the accused the same can be used(a) for corroboration of the accused(b) for contradiction of the accused(c) as an admission if the same is

non confessional(d) against the accused as

confession.

109.Statement recorded during investigation under section 161 of Cr PC can be used during trial(a) for corroborating the witness(b) for contradicting the witness(c) both (a) & (b) above(d) neither (a0 nor (b).

110.If a person whose statement is recorded by the police during investigation is called as a defence witness, his previous statements before the police(a) can be used for corroborating

him

(b) can be used for contradicting him

(c) cannot be used for any purpose(d) both (a) & (b).

111.Section 162 of Cr PC provides that(a) the statement made by a person

to the police officer during investigation and reduced to writing, shall be signed by the person making the statement

(b) the statement made by a person to the police officer during investigation and reduced to writing, may not be signed by the person making the statement

(c) no statement made by a person to the police officer during investigation and reduced to writing shall be signed by the person making the statement

(d) statement made by a person to the police officer during investigation and reduced to writing shall be signed by the person making the statement only if the police officer has obtained prior permission of the court to obtain signature thereon.

112.The prohibition contained in section 162 of Cr PC(a) shall not apply where the

statement made to the police during investigation is made

admissible under any other provision of the Code.

(b) shall apply even where the statement made to the police officer during investigation is made admissible under any other provision of the code as section 162 has an over-riding effect

(c) may or may not apply where the statement made to the police during investigation is made admissible under any other provisions of the Code, depending on the facts and circumstances of the case.

(d) may or may not apply where the statement made to the police during investigation is made admissible under any other provision of the Code, depending on the discretion of the Court.

113.The bar created by section 162 of Cr PC does not apply to(a) civil proceedings(b) proceedings under Article 34 of

the constitution(c) proceedings under Article 226 of

the constitution (d) all of the above

114.The word ‘statement’ within the meaning of section 162 of Cr PC, means(a) narration (b) signs and gesture


115.Which of the following is not a ‘statement’ within the meaning of section 162 of Cr PC(a) record of the search made by

the police(b) signatures and handwriting or

thumb impressions taken for the purpose of comparison


116.Which of the following statements is/are covered under section 162 of Cr PC(a) a statement made to a

Magistrate in the presence and hearing of a police-officer

(b) a statement made to a third person in the presence of a police officer

(c) a statement made to a person assisting the police in the investigation of a case

(d) neither (a) nor (b) nor (c).

117.Section 162 of Cr PC applies to statements made to a police officer during investigation by(a) a witness(b) an accused person(c) an accused who turns approver(d) all of the above

118.Section 162 of Cr PC prohibits a statement from being used in evidence, made in the course of

(a) inquiry (b) investigation(c) trial(d) either (a) or (b).

119.Section 162 of Cr PC applies to statements made to a police-officer(a) in the course of investigation(b) before the investigation began(c) after the investigation had

ended.(d) all of the above.

120.The question whether a statement was recorded in the course of investigation is a (a) question of law(b) question of fact(c) mixed question of law and fact(d) question of law or question of

fact depending on the facts and circumstances.

121.The previous statement of a witness which can be used for the purposes of contradicting the witness as provided under the proviso to section 162(1), Cr.; P.C., may be the one(a) reduced in writing(b) not reduced in writing(c) oral(d) either (a) or (b) or (c).

122.Where a witness is called by the court as a Court witness, a previous statement made by him to the police can

(a) be used by the accused for contradicting such witness

(b) be used by the prosecution for contradicting such witness with the permission of the court

(c) either (a) or (b)(d) not be used either by the

accused or by the prosecution for any purpose.

123.In re-examination, the previous statement made to a police officer can be used for(a) the purposes of contradicting

what is stated in the cross-examination

(b) the purposes of explaining what is left over in the examination-in-chief

(c) the purpose of explaining any matter in the cross-examination


124.Which of the following is not outside the provision of section 162(1) of Cr PC(a) statement falling under section

32(1) of the Indian Evidence Act(b) statement falling under section

27 of the Indian Evidence Act(c) statements recorded by the

police officer during investigation


125.The non-compliance with the provisions of section 164 of Cr PC

(a) reduces the statement recorded by the Magistrate to a nullity

(b) is an irregularity curable under section 463 of Cr PC

(c) Both (a) and (b)(d) Neither (a) nor (b)

126.The confession of an accused or the statement of a witness, under section 164 of Cr PC, can be recorded during(a) inquiry (b) investigation(c) trial(d) either (a) or (b) or (c)

127.The confession of an accused or the statement of a witness, under section 164 of Cr PC, may be recorded(a) before the beginning of the

investigation(b) in the course of investigation

only(c) in the course of investigation or

at any time afterwards before the commencement of inquiry or trail

(d) in the course of investigation or at any time afterwards during the inquiry but before the commencement of trial.

128.A confession under section 164 of Cr PC can be recorded by(a) Metropolitan/Judicial Magistrate(b) Executive Magistrate

(c) Police officer on whom the power of a Magistrate has been conferred

(d) either (a) or (b).

129.Maintenance of a case diary by an investigation officer is(a) directory (b) mandatory(c) discretionary(d) neither (b) nor (c).

130.Maintenance of a case diary by an investigation officer is mandatory under(a) Section 162 of Cr PC(b) Section 167 of Cr PC(c) Section 172 of Cr PC(d) Section 174 of Cr PC

131.Section 167 of Cr PC authorizes remand of an accused in (a) police custody(b) judicial custody(c) either (a) or (b)(d) neither (a) nor (b).

132.Section 167 of Cr PC is applicable during(a) investigation (b) enquiry(c) trial(d) all of the above

133.……. Is competent to record the statement or confession under section 164 of Cr PC(a) a police officer

(b) a police officer conferred with powers of special Executive Magistrate

(c) an Executive Magistrate(d) neither a police officer nor a

police officer conferred with powers of special Executive Magistrate nor an Executive Magistrate.

134.Under section 164 of Cr PC, statements other than confession(a) can be recorded by a Magistrate

where person who intends to make statement appears before the Make on his own

(b) can be recorded by a Magistrate where person who intends to make statement is produced or sponsored by defence.

(c) cannot be recorded by a Magistrate under the person who intends to make the statement is produced or sponsored by the investigating officer

(d) can be recorded by the Magistrate where going into the question as to how or who has produced or sponsored the person who intends to make such statement.

135.Obtaining signature on the confession of the person making the confession, under section 164 of Cr PC is(a) mandatory

(b) directory, being procedural (c) discretionary(d) optional.

136.Failure to get the signature of the person making the confession is(a) not very material if the making

of such statement is not dispatched by the accused

(b) not very material even if the making of statement is dispute by the accused

(c) not very material irrespective of whether making of such statement of disputes of not-disputed by the accused and the defect is curable under section 463 of Cr PC

(d) very material in all circumstances and in fatal.

137.Section 164 of Cr PC provides for recording of(a) confession by accused persons

and statements by any person other than the accused

(b) confession by accused persons and statements by any person including an accused

(c) statements by witness only(d) confession and statements by an

accused person.

138.Section 164 of Cr PC provides a special procedure for recording of (a) confessions(b) statements made during the

course of investigation

(c) confessions as well as statements made during the course of investigation


139.A non-confessional statement recorded under section 164 of Cr PC(a) is a substantive piece of

evidence(b) is not a substantive evidence(c) may or may not be substantive

evidence depending on the facts & circumstances

(d) all of the above.140.A confessional statement recorded

in accordance with the special procedure under section 164 of Cr PC(a) can be used as a substantive

evidence without being formally proved

(b) cannot be used as a substantive evidence at all

(c) cannot be used as a substantive evidence without being formally proved


141.A confessional statement under section 164 of Cr PC can be recorded(a) during the course of

investigation only & not afterwards

(b) during the course of investigation or at any time afterwards before the

commencement of inquiry or trail

(c) during investigation as well as during inquiry but before commencement of trail

(d) during the investigation, inquiry or trail.

142.Statements of witness recorded under section 164 of Cr PC are(a) substantive evidence(b) corroborative evidence(c) both substantive and

corroborative evidence(d) neither substantive nor

corroborative evidence.

143.If a magistrate administers oath before recording the confession, the confessional statement is (a) good in law and admissible in

evidence(b) good in law but admissible in

evidence only on corroboration(c) bad in law and inadmissible in

evidence(d) bad in law but admissible in

evidence if corroborated from other evidence.

144.Where an accused remained in police custody for maximum period of fifteen days, he can further be remanded to police custody by(a) a Magistrate (b) a Session Court(c) the High Court in exercise of its

inherent powers


145.Under section 167 of Cr PC, the longest period for which an accused can be remanded to police custody is(a) fifteen days(b) fourteen days(c) ten days(d) twenty-eight-days.

146.Where an accused is granted bail under section 167(2), proviso (a) of Cr PC and on filing on chare-sheet the investigation revealed that the accused has committed a serious offence, the bail so granted under section 167(2), proviso (a) of Cr PC(a) cannot be cancelled in the

absence of special reasons(b) can be cancelled under section

437(5)(c) can be cancelled under section

439(2)(d) can be cancelled under section

437(5) or section 439(2).

147.Entries in the case diary maintained by an investigating officer under section 172 of Cr PC can be used(a) as an evidence (b) to explain contradiction(c) for aiding the court to decide on

a point(d) both (b) and (c).

148.Under section 172 of Cr PC, the bar against production and use of case diary is intended to operate in(a) an inquiry or trial for an offence(b) civil proceedings(c) writ proceedings (d) all of the above.

149.Where the police submits a final report under section 173 of Cr PC, to a Magistrate, the Magistrate is(a) bound by the conclusion drawn

by the police and can not order re-investigation

(b) not bound by the conclusion drawn by the police and may direct re-investigation, or issue process.

(c) bound by the conclusions drawn by the police and has to issue process

(d) both (a) and (c).

150.Where the police submits a final report under section 173(2) of Cr PC for dropping of proceedings to a Magistrate, the Magistrate(a) may accept the same(b) may reject the same and take

cognizance(c) may reject the same and order

further investigation(d) any of the above.

151.In submitting the final report under section 173 of Cr PC, the investigating agency

(a) is obliged to seek the opinion of a public prosecutor

(b) can be compelled by the court to seek the opinion of a public prosecutor

(c) has to carry out a combined operation with the public prosecutor

(d) neither (a) nor (b) or (c).

152.Re-opening of investigation under section 173(8) of Cr PC(a) can be done by the investigating

officer only(b) can be done only under the

order of the Magistrate(c) can be done only after seeking

opinion of the public prosecutor, and on the direction of the State Government

(d) can be done by the police of its own or under the orders of the court.

153.Before ordering further investigation under section 173(8) of Cr PC the Court is(a) under an obligation to hear the

accused (b) under no inhibition(c) under an obligation to hear the

public prosecutor(d) under an obligation to hear the

accused person not sent for trail.

154.Further investigation within the meaning of section 173(8) of Cr PC is

(a) the continuation of the earlier investigation

(b) fresh investigation ab initio wiping out the earlier investigation altogether

(c) re-investigation ab initio wiping out earlier investigation


155.Section 463 of Cr PC permits(a) oral evidence by the Magistrate

of the confession made to him(b) oral evidence to prove that the

procedure laid down under section 164, Cr PC had actually been followed, where the record, which ought to show that, does not do so


156.Under section 172 of Cr PC, it is Mandatory for every investigating officer to maintain a case diary. The said case diary can be used, during trial(a) by the court(b) by the police officer making a

statement during trial to refresh his memory

(c) by the accused to a very limited extent


157.Under section 167 of Cr PC an accused person can be remanded to police custody or judicial custody, the authorization of such detention

(a) cannot exceed forteen days at one time

(b) cannot exceed fifteen days at one time

(c) cannot exceed ten days at one time

(d) cannot exceed thirty days at one time.

158.Under section 167 of Cr PC the nature of custody can be altered from judicial custody to police custody & vice-versa, this alteration can be done(a) during the period of first seven

days(b) during the period of first ten

days(c) during the period of first fifteen

days(d) during the period of first

fourteen days.

159.For the authorization of detention in any custody(a) the accused must be produced

before the Magistrate(b) the accused need not be

produced before the Magistrate at all

(c) may be produced or may not be produced

(d) not necessarily be produced.

160.Under section 167 of Cr PC, the Magistrate can authorise detention for a total period of 90 days during

investigation, in cases of offences punishable(a) with death(b) with imprisonment for life(c) with imprisonment for a term

not less than 10 years(d) all of the above.

161.Under section 167 of Cr PC, for detention for a total period of 90 days during investigation, the expression ‘for a term of imprisonment not less than 10 years’ means(a) more than 10 years(b) upto 10 years(c) less than 10 years(d) both (b) & (c).

162.Under section 167 of Cr PC for offences other than those punishable with death, imprisonment for life or imprisonment for a period not less than 10 years, the detention during investigation, can be authorized for a total period of (a) 30 days(b) 45 days(c) 60 days(d) 75 days.

163.If the investigation is not completed within 90 days or 60 days as the case may be, and the accused is in custody, on the expiry of said period the accused is entitled to be(a) discharged

(b) released on bail or making an application for release on bail

(c) released on bail without making an application for release on bail

(d) acquitted.

164.For the purposes of computation of period of 90 days or 60 days as the case may be, for the purposes of section 167(2) of Cr PC(a) the day of arrest of the accused

has to be excluded(b) the day on which the accused

was remanded is to be excluded(c) the day of arrest of the accused

and the day on which the accused was remanded, if different, both have to be excluded

(d) the day of arrest of the accused only has to be excluded and the day on which the accused was remanded, even if different cannot be excluded.

165.An accused was arrested for offence under section 302, IPC on 1-1-2002, and remanded to judicial/police custody on 2-1-2002, now for the purposes of section 167(2) of Cr PC, in computing the period of ninety days(a) the day of arrest i.e. 1-1-2002

only has to be excluded and shall be computed w.e.f. 2-1-2002 when remanded, thus 90th day shall fall on 1-4-2002

(b) the day of arrest i.e. 1-1-2002 and the day of remand i.e. 2-1-2002, both have to be excluded and the 90th day shall fall on 2-4-2002

(c) neither 1-1-2002 i.e. the day of arrest nor 2-1-2002, the day of remand is to be excluded, and the 90th day shall fall on 31-3-2002


166.In a case triable by a Magistrate as a summons case, the investigation can not be continued under section 167(5) of Cr PC(a) beyond a period of six months

from the date of arrest of the accused

(b) beyond a period of six months from the date of commission of the offence

(c) beyond a period of maximum term of imprisonment prescribed for the offence from the date of arrest of the accused

(d) beyond a period of maximum term of imprisonment prescribed for the offence from the date of commission of the offence.

167.Continuation of investigation, in a summons case triable by a Magistrate, beyond the period of six months, from the date of arrest of the accused, without the

previous permission of the Magistrate(a) shall render the entire

investigation vitiated bad and the accused is liable to be discharged

(b) shall not render the entire investigation bad but the accused is liable to be discharged

(c) shall not render the entire investigation bad, but the prosecution can not rely on the investigation so carried out and the evidence so collected shall not be admissible

(d) either (a) or (b).168.After completion of investigation,

the police is to submit a final report to the Magistrate. The Magistrate(a) is bound by the conclusions

drawn by the police and accept the same if the police recommended that there is no sufficient ground for proceeding further

(b) is not bound by the conclusions drawn by the police and may order further investigation

(c) may issue a process against the accused person(s)

(d) both (b) & (c).

169.Upon the report being forwarded under section 173(2) of Cr PC to the Magistrate for dropping of proceedings, before deciding not to take cognizance the Magistrate

(a) must give notice to 7 provide the informant an opportunity of being heard

(b) need not give notice to & provide the informant an opportunity of being heard at all

(c) may or may not give notice to & provide the informant an opportunity of being heard, depending on the facts & circumstances

(d) both (b) & (c).

170.The orders passed under section 125 of Cr PC are(a) summary in nature but finally

determine the rights and obligation of the parties

(b) summary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil court

(c) substantive in nature and finally determine the right and obligations of the parties

(d) substantive in nature and are not subject to determination of a right of the parties by a civil court.

171.Section 125 of Cr PC provides a remedy(a) by way of summary procedure

which is co-extensive with the civil liabilities under the personal law

(b) by way of summary procedure which is co-extensive with the civil liabilities under the civil law

(c) by way of summary procedure which is not co-extensive with the civil liabilities under the personal law or civil law


172.Which of the following statements, in the context of section 125 of Cr PC, is not correct(a) it is inconsistent with section 23

of the Hindu Adoption and Maintenance Act, 1956 and both cannot stand together

(b) section 24 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section 125 of Cr PC

(c) sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 have not affected the right of the wife or the child under section 125 of Cr PC

(d) section 25 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section 125 of Cr PC

173.Section 125 of Cr PC is applicable to (a) Hindus(b) Muslims(c) Christians(d) all persons belonging o all

religions.

174.The religion Muslim Women (Protection of Rights on Divorce) Act, 1986, deals with (a) claim of maintenance by a

Muslim woman (b) claim of maintenance by a

Muslim divorced women(c) claim of maintenance by the

children of the marriage with said Muslim divorced women


175.Under section 125 of Cr PC who cannot be ordered to provide maintenance(a) a father(b) a husband(c) a daughter(d) none of the above

176.Where the husband has obtained a decree of divorce against the wife on the ground of desertion, under section 125, it is(a) no bar for the wife to claim

maintenance against the husband

(b) bar for the wife to claim maintenance against the husband

(c) may be a bar for the wife to claim maintenance against the husband


177.In proceedings under section 125, Cr. P.C.(a) strict proof of marriage is

necessary

(b) standard of proof is very high as required in a proceeding under the Hindu Marriage Act, 1955

(c) prima facie proof showing that the parties are living as husband and wife is sufficient

(d) prima facie proof showing that the parties are living on husband and wife is not sufficient and something more is required.

178.Under section 125 of Cr PC the father and the mother i.e. the parents can claim maintenance from their(a) son (b) daughter(c) stepson(d) both son and daughter.

179.The expression ‘mother’ under section 125(1) means and is referable to(a) real or natural mother(b) stepmother generally(c) both (a) and (b)(d) neither (a) nor (b).

180.Section 188 of Cr PC provides for exit territorial jurisdiction over(a) Indian citizens(b) non-citizens(c) foreigners(d) all of the above

181.A stepmother can claim maintenance under section 125 of Cr PC from her stepson

(a) provided she is childless and widow

(b) provided she is childless, and her husband is incapable of supporting and maintaining her

(c) provided she is childless though her husband is capable of supporting and maintaining her


182.Maintenance under section 125 of Cr PC can be claimed(a) by a legally wedded wife during

the subsistence of marriage(b) by a divorced wife who has not

remarried(c) both (a) and (b)(d) only (a) & (b).

183.Maintenance under section 125 of Cr PC cannot be claimed(a) by a married daughter having

attained majority(b) by legitimate or illegitimate

minor child (c) by father or mother(d) all of the above.

184.Who amongst the following can claim maintenance under section 125 of Cr PC(a) a legitimate or illegitimate major

male child, suffering from physical or mental abnormality

(b) a legitimate or illegitimate minor child

(c) wife including divorced but not remarried woman


185.Amount of maintenance under section 125 of Cr PC is(a) limited to Rs. 500 per month(b) limited to Rs. 1000 per month(c) limited to Rs. 5000 per month(d) without any limit.

186.Section 125 of Cr PC does not contemplate payment of maintenance allowance(a) By mother to children (b) By wife to husband(c) Both (a) & (b)(d) Neither (a) nor (b).

187.Under section 125(4) of Cr PC who of the following cannot claim maintenance (a) wife living in adultery(b) wife living separately by mutual

consent (c) both (a) and (b)(d) either (a) or (b).

188.Under section 125 of Cr PC, a Magistrate (a) has the power to grant interim

maintenance & the expenses of the proceedings

(b) has no power to grant interim maintenance & the expenses of the proceedings

(c) has power to grant interim maintenance but no power to grant expenses of the proceedings

(d) has no power to grant interim maintenance but has the power

to grant expenses of the proceedings.

189.Monthly allowance for maintenance or interim maintenance & expenses for proceedings are payable(a) from the date of the order(b) from the date of the application

if specifically ordered(c) from the date of the application

even if not specifically ordered(d) both (a) & (b).

190.Monthly allowance or the interim monthly allowance can be altered, as provided(a) under section 125(5) of Cr PC(b) under section 126 of Cr PC(c) under section 127 of Cr PC(d) under section 128 of Cr PC.

191.An order for maintenance or interim allowance can be cancelled under the circumstances stated in(a) under section 125(5) of Cr PC(b) under section 127(2) of Cr PC(c) under section 127(3) of Cr PC(d) all of the above.

192.Proceedings under section 125 of Cr PC(a) can be instituted where the wife

is residing on the date of the application

(b) can be instituted where the husband resides or is residing on the date of the application

(c) where the husband & the wife last resided


193.Application for interim monthly allowance & expenses of the proceedings(a) is to be decided within 30 days

of the service of notice of the application to such person

(b) is to be decided within 60 days of the service of notice of the application to such person

(c) is to be decided within 90 days of the service of notice of the application to such person

(d) is to be decided within 6 months of the service of notice of the application to such person.

194.Under section 125 of Cr PC, imprisonment of the defaulter(a) is a mode of satisfying the

liability(b) is the mode of enforcement only(c) is both mode of satisfying the

liability & of enforcement(d) a person ordered to pay

maintenance stands absolved by his being sent to jail.

195.Period of limitation for execution of the order of maintenance is(a) one year from the date on which

it becomes due(b) three years from the date on

which it becomes due

(c) twelve years from the date on which it becomes due

(d) thirty years from the date on which it becomes due.

196.In case where an inquiry, trial or other proceedings have been conducted in a wrong place (a) the inquiry, trial or other

proceedings shall be void ab initio

(b) the inquiry, trial or other proceedings cannot be set aside as void unless it has occasioned in failure of justice

(c) the inquiry, trial or other proceedings, cannot be set aside even if it has occasioned in failure of justice


197.Objection as to the lack of territorial jurisdiction of the criminal court(a) can be taken before or at the

time of commencement of trial(b) can be taken at any time after

the commencement of trail (c) can be taken in appeal for the

first time(d) all of the above.

198.Under the scheme of Cr PC the original jurisdiction to take cognizance of an offence is vested in (a) the Court of Sessions(b) the Court of Magistrate

(c) the High Court(d) all of the above.

199.Court of Sessions has the original jurisdiction to take cognizance of offences, by virtue of(a) Section 190 of Cr PC(b) Section 193 of Cr PC(c) Section 199 of Cr PC(d) Section 198 of Cr PC.

200.Court of Sessions under section 199 of Cr PC has the original jurisdiction to take cognizance(a) on an oral complaint of a private

person(b) on an oral complaint of the

public prosecutor (c) on a written complaint of a

private person (d) on a written complaint of the

public prosecutor.

201.Period of limitation prescribed for making a complaint to the Court of Sessions in original jurisdiction is(a) three months from the date of

commission of the offence(b) six months from the date of

commission of the offence(c) one year from the date of

commission of the offence(d) as provided under section 468 of

Cr PC.

202.Under section 188 of Cr Pc sanction of the Central Government is

(a) a condition precedent for taking cognizance of the offence

(b) not a condition precedent for taking cognizance and could be obtained before trial begins

(c) not necessary(d) necessary only where a foreigner

is involved in the commission of the offence.

203.Taking cognizance is(a) a judicial function(b) an administrative function(c) a supervisory function(d) both (a) and (b).

204.While taking cognizance, the court takes cognizance of(a) the offence(b) the offender(c) the offenders if there are ore

than one(d) all of the above

205.The court is said to have take cognizance when it(a) orders investigation under

section 156(3) of Cr PC(b) issues a search warrant for the

purpose of investigation(c) both (a) and (b)(d) neither (a) nor (b).

206.The competency and jurisdiction of the Magistrate to take cognizance of the offence is

(a) affected by the illegality committed in the course of investigation

(b) affected by the irregularity committed in the court of investigation

(c) neither (a) nor (b)(d) both (a) and (b).

207.At the time of taking cognizance the Magistrate is to see(a) whether there are sufficient

grounds on record to proceed against the accused person

(b) whether there is a prima facie case against the accused person to frame the charge

(c) sift or appreciate the evidence with reference to the material and come to the conclusion whether prima facie case is made out against the accused


208.Where the Magistrate takes cognizance suo motu under section 190(1)(c) of Cr PC, the compliance with the provisions of section 191 of Cr PC is(a) directory, being procedural(b) mandatory(c) discretionary(d) optional.

209.Non-compliance with the provisions under section 191 of Cr PC where cognizance is taken by the

Magistrate under section 190(1)(c) of Cr PC(a) vitiates the trail and the

proceeding will be wholly void(b) is an irregularity curable under

section 460 of Cr PC(c) does not vitiate the trial unless it

has caused prejudice to the accused

(d) amounts to waiver of his right by the accused.

210.Section 190 of Cr PC provides for taking of cognizance by the Magistrate(a) on a police report filed under

section 173 of Cr PC(b) on a complaint within the

meaning of section 2(d) of Cr PC(c) suo motu(d) all the above.

211.On receipt of a complaint within the meaning of section 2(d) of Cr PC, the Magistrate(a) has the jurisdiction to conduct

an inquiry himself(b) has the jurisdiction to direct the

police to investigate(c) both (a) & (b)(d) only (b) & not (a).

212.Cognizance of offence punishable under Chapter X of IPC can be taken by the Magistrate(a) on police report(b) on a written complaint of the

public servant

(c) both (a) & (b)(d) only (a) & not (b).

213.The provisions of section 195 of Cr PC are(a) directory, being procedural(b) discretionary, depending on the

facts and circumstances of the case

(c) optional for the court(d) mandatory

214.The provisions of section 195 of Cr PC require(a) a complaint in writing(b) an oral complaint(c) either (a) or (b)(d) neither (a) nor (b).

215.Under section 195 of Cr PC the complaint in writing must be by(a) the public servant concerned(b) an officer to whom such public

servant is administratively subordinate


216.Sections 195 to 199 of Cr PC lay down(a) rules of procedure simply

without creating any bar to the taking a cognizance by a court

(b) create a bar to the taking of cognizance unless some requirements are complied with

(c) create an absolute bar to the taking of cognizance irrespective

of whether the requirement are complied with or not


217.Under section 195 of Cr PC a complaint can be filed by(a) a public servant(b) a private individual (c) police (d) either (a) or (b) or (c)

218.Section 197 of Cr PC affords protection to(a) private individuals(b) employees of public sector

undertakings(c) public servants(d) all of the above.

219.Prosecution for offences against marriage under Chapter XX of IPC(a) can be launched by any person

through a complaint(b) can be launched by any person

aggrieved by the offence through a complaint

(c) can be launched by the police(d) all of the above.

220.Cognizance of offence under section 498A of IPC can be taken(a) on a police report(b) on the complaint of the person

aggrieved(c) on the complaint of father,

mother, brother or sister of the person aggrieved


221.Cognizance of offence of defamation under Chapter XXI of IPC can be taken(a) on a police report (b) on a complaint made by an

aggrieved person(c) suo motu(d) all of the above.

222.Where the Magistrate takes cognizance of the offence on a complaint made to him and considers, before the issue of process to the accused that the matter should be investigated, such investigation can be ordered, under(a) Section 156(3) of Cr PC(b) Section 190 of Cr PC(c) Section 173(8) of Cr PC(d) Section 202 of Cr PC

223.On receipt of a complaint, before ordering investigation by the police, under section 156(3) of Cr PC, the Magistrate has to see that(a) the complaint discloses

cognizable offence(s) triable by the Magistrate

(b) the complaint discloses cognizable offence(s) exclusively triable by the Court of Session

(c) the complaint discloses cognizable offence(s) irrespective of whether the same is triable by the Magistrate or exclusively by the Court of Session

(d) the complaint discloses cognizable offence(s) only triable by the Magistrate and not exclusively triable by the Magistrate and not exclusively triable by the Court of Sessions, a it is for the Magistrte to enquire himself into offences exclusively triable by the Court of Sessions.

224.In a complaint disclosing commission of offence triable by a Magistrate(a) it is necessary to examine the

complaint and all the other witnesses on oath

(b) it is not necessary to examine the complainant and all the other witnesses

(c) it is necessary to examine the complainant on oath & it is not necessary to examine all the other witnesses

(d) both (a) & (c).

225.Recording of pre-summoning evidence may be dispensed with under section 200 of Cr PC(a) if the complaint is supported by

the affidavit of the complainant(b) if the complaint is made in

writing by a public servant in the discharge of his official duties

(c) both (a) & (b) are correct(d) only (a) is correct but (b) is

incorrect.

226.Once the Magistrate has proceeded with examination of the complainant or decided to record the statement of the complainant on oath(a) the police cannot be directed to

investigate under section 156(3) of Cr PC

(b) the police can still be directed to investigate under section 156(30 of Cr PC

(c) the police may or may not be so directed under section 156(3) of Cr PC depending on the facts & circumstances of the case

(d) both (b) & (c).

227.On a complaint for offence(s) triable by a Magistrate, after the recording of the statement of the complainant & the witnesses, if any on oath(a) the police can be directed to

investigate under section 156(3) of Cr PC

(b) the police can be directed to investigate under section 202 of Cr PC


228.On a complaint for offence(s) triable by the Court of Sessions, after recording of the statement of the complainant & the witnesses on oath

(a) the police can be directed to investigate under section 156(3) of Cr PC

(b) the police can be directed to investigate under section 202 of Cr PC

(c) the police cannot be directed to investigate at all and the Magistrate himself has to conduct an enquiry

(d) both (a) & (b).

229.Direction to the police to investigate under section 202 of Cr PC(a) can be given without examining

the complainant on oath(b) cannot be given without

examining the complainant on oath

(c) can be given before or after the examining of the complainant on oath

(d) both (a) & (c).

230.In a complaint disclosing commission of offence(s) exclusively triable by the Court of Sessions(a) it is necessary that the

complainant & some of the witnesses be examined on oath

(b) it is necessary to examine the complainant on oath & no witness need be examined on oath

(c) it is necessary to examine the complainant and all the

witnesses of the complainant on oath


231.Filing of list of witnesses by the complainant before issuance of summons or warrant to the accused under section 204 of Cr PC(a) is mandatory (b) is directory(c) neither mandatory nor directory(d) either mandatory or directory

232.If the complainant fails to file the list of witnesses before issuance of summons or warrant to the accused(a) the same cannot be filed

thereafter(b) the same can be filed at any time

thereafter without permission of the court

(c) the same can be filed at any time thereafter only with the permission of the court


233.Special summons under section 206 of Cr PC can be issued(a) by a Magistrate only(b) by a Court of Sessions(c) by a Magistrate as well as the

Court of Sessions(d) by the High Court.

234.A case can be committed to the Court of Sessions, by a Magistrate (a) under section 209 of Cr PC(b) under section 323 of Cr PC

(c) under section 324 of Cr PC(d) both (a) & (b) above.

235.Under section 209 of Cr PC, a case can be committed to the Court of Sessions(a) if the offence is exclusively

triable by the Court of Sessions(b) if the Magistrate thinks that the

case ought to be tried by the Court of Sessions

(c) both (a) & (b)(d) only (b) & not (a).

236.Section 323 of Cr PC provides for committal of cases to the Court of Sessions(a) which disclose commission of

offences exclusively triable by the Court of Sessions

(b) which the Magistrate thinks ought to be tried by the Court of Sessions


237.Section 210 of Cr PC provides for(a) stay of police investigation(b) stay of proceedings in complaint

case(c) both (a) & (b)(d) neither (a) nor (b).

238.Section 210 of Cr PC provides for(a) when there is a complaint case &

police is also investigating the matter

(b) when there is a complaint case but no police investigation is in progress

(c) when there is a complainant case & the police has already completed the investigation & filed the final report


239.In case of merger of the complaint with the police report the procedure to be followed for the trial(a) shall be of the complaint cae(b) shall be of the case instituted on

the police report(c) shall be of both as per

convenience during the trial(d) shall be the one as directed by

the Magistrate.

240.Before issuance of process against the accused, in a complaint case(a) the accused has a right to

participate in the proceedings(b) the accused has not right to

participate in the proceedings(c) the accused has a right to watch

the proceedings(d) both (b) & (c).

241.Order of issuance of process against the accused in a complaint case under section 204 of Cr PC, by the Magistrate(a) can be reviewed by the court

issuing the summons

(b) cannot be reviewed by the Magistrate as under the Cr PC the Magistrate has no powers to review the order

(c) can only be revised by the Court of Sessions or the High Court

(d) both (b) & (c) are correct.

242.After dismissal of a complaint under section 203, a fresh similar complaint on the same facts(a) is banned(b) is not banned but will be

entertained only in exceptional circumstances

(c) in not banned and will be entertained in all circumstances

(d) either (a) or (c). 243.Committal proceedings under

section 209of Cr PC are in the nature of(a) aid in investigation(b) inquiry(c) trial(d) either inquiry or trial.

244.Jurisdiction to grant bail under section 438 of Cr PC vests with(a) the Court of Magistrate(b) the Court of Sessions(c) the High Court(d) the Court of Sessions and the

High Court and not in the Court of Magistrate.

245.Under section 436 of Cr PC bail can be granted(a) by police

(b) by the Magistrate(c) by the police as well as the

Magistrate(d) by the Magistrate only & not the

police.246.A person who is granted bail under

section 436 Cr PC fails to comply with the conditions of time & place of attendance, on a subsequent occasion(a) again entitled to bail as a matter

of right(b) is not entitled to bail as a matter

of right(c) the court may refuse to release

him on bail(d) both (b) & (c).

247.Under section 437 Cr PC, on a mere fact that an accused person may be required for being identified by witnesses during investigation(a) bail can be refused(b) bail cannot be refused(c) bail should be refused(d) bail can be & should be refused.

248.In a non-bailable offence triable by a Magistrate, application for bail under section 437 of Cr PC can be moved before the Court of (a) Magistrate competent to try &

entertain the case(b) Chief Judicial Magistrate or

additional Chief Judicial Magistrate

(c) Court of Sessions(d) only (a) & (c).

249.Conditions on the release on bail can be imposed(a) in a bailable offence(b) in all the non-bailable offences(c) in non-bailable offences

punishable with imprisonment may extend to seven years or more

(d) only in (b) & (c).

250.Any condition imposed by a Magistrate while releasing the accused in a non-bailable offence case can be set aside or modified(a) by the Magistrate himself(b) by the Court of Sessions(c) by the High Court(d) all the above.

251.Under section 439 of Cr PC, the jurisdiction to cancel the bail vests with(a) the Court of Sessions(b) the High Court(c) the court of Magistrate(d) only (a) & (b).

252.Under section 437 of Cr PC the jurisdiction to cancel the bail vests with(a) the Magistrate competent to try

& entertain the offence(b) the Magistrate where the

Magistrate has not ordered the release on bail

(c) the Magistrate only where the Magistrate has ordered the release on bail

(d) all the above.

253.In a case of non-bailable offence, a bail granted by a Magistrate can be cancelled under section 437(50 of Cr PC(a) by the Magistrate granting the

bail(b) by the Court of Sessions(c) by the High Court(d) all of the above

254.Bail amount fixed by the Magistrate can be(a) reduced by the Magistrate(b) reduced by the Court of Sessions(c) reduced by the High Court(d) only (b) & (c).

255.Section 438 of Cr PC can be invoked(a) in cases of non-bailable offences(b) in cases of bailable offence(c) both (a) & (b) (d) neither (a) nor (b).

256.Cash is lieu of surety bond can be permitted by virtue of (a) Section 441 of Cr PC(b) Section 442 of Cr PC(c) Section 445 of Cr PC(d) Section 444 of Cr PC

257.For non-payment & non-recovery of penalty from the surety under the

surety bond, the surety can be sentenced to(a) simple imprisonment only(b) rigorous imprisonment only(c) civil imprisonment only(d) either (a) or (b) or (c).

258.Surety can be sentenced to civil imprisonment in default of payment of penalty under the surety bond for a maximum period of (a) six months(b) three months(c) two months(d) one month.

259.Penalty under the surety bond(a) cannot be remitted (b) can be remitted in full(c) can be remitted in part only(d) can be remitted in full or in part.

260.Propositions as regards the liability of the surety under the surety bond are:-

I. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.

II. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.

III. is limited to the amount of the surety bond.Now which of the following is correct(a) I & III are correct

(b) I & II are correct(c) II & III is correct(d) I, II & III, all are correct.

261.The personal attendance of the accused can be dispensed with(a) under section 207 of Cr PC(b) under section 206 of Cr PC(c) under section 205 of Cr PC(d) under section 256 of Cr PC

262.Error or omission in framing of charge(a) is material in all circumstances

shall vitiate the trial(b) is material only if it has

occasioned a failure of justice to the accused

(c) is material and the accused is liable to be acquitted

(d) both (a) & (c).

263.Addition or alteration of charge has been provided(a) under section 214 of Cr PC(b) under section 215 of Cr PC(c) under section 216 of Cr PC(d) under section 218 of Cr PC

264.Under section 216 of Cr PC, the Court has the power to (a) add to the charge(s) already

framed(b) alter the charge(s) already

framed(c) only alter & not to add to the

charge already framed(d) add to and alter the charge both.

265.Under section 217 of Cr PC, on addition or alteration of charge(a) the prosecution has a right to re-

call the witnesses already examined

(b) the accused has a right to re-call the witnesses already examined

(c) the prosecution has a right to call any further witness


266.Joiner of charges is permissible(a) under section 219 of Cr PC(b) under section 220 of Cr PC(c) under section 221 of Cr PC(d) all the above.

267.Joint trial of several persons is permissible(a) under section 219 of Cr PC(b) under section 223 of Cr PC(c) under section 221 of Cr PC(d) under section 222 of Cr PC.

268.Which of the following is incorrect(a) two diametrically different

versions can be put to a joint trial

(b) two versions which one not mutually exclusive can be put to a joint trial

(c) the joint trial of several persons partly by applying one clause and partly by applying another clause of section 223 is authorized

(d) the various clauses of section 223, Cr PC are not mutually exclusive.

269.If an accused is charged of major offence, but on the facts established ha cannot be held guilty of that major offence. At the same time the facts established indicate that a minor offence has been committed, the person so tried for major offence can be convicted for such minor offence. It has been so provided(a) under section 220 of Cr PC(b) under section 223 of Cr PC(c) under section 222 of Cr PC(d) under section 221 of Cr PC

270.The forms in which the charges may be framed are set forth in (a) section 211 of Cr PC(b) section 214 of Cr PC(c) Ist Schedule of Cr PC(d) 2nd Schedule of Cr PC

271.If one is accused of an act which may amount to theft, or receiving stolen property or cheating and is charged for theft only and from the evidence it appears that he has committed cheating, he can be convicted for cheating though no charge for cheating has been formally framed, by virtue of(a) section 214 of Cr PC(b) section 221 of Cr PC(c) section 223 of Cr PC

(d) section 224 of Cr PC.

272.Due to non-framing of charge, or due to any error, omission or irregularity in the charge, finding, sentence or any order by a court of competent jurisdiction(a) shall be invalid always(b) shall be valid generally(c) shall be invalid only when infact

it has occasioned failure of justice

(d) both (b) & (c).

273.Under section 267 production warrants in respect of a person detained in prison, can be issued for the purposes of(a) investigation (b) inquiry(c) trial(d) all of the above.

274.In a criminal trial evidence on affidavit can be given(a) for allegation made in respect of

a public servant(b) for any person whose evidence

is of formal character(c) both (a) & (b)(d) neither (a) nor (b).

275.In criminal trial, admission denial of documents can be done by the prosecution or the accused,(a) under section 294 of Cr PC(b) under section 293 of Cr PC(c) under section 295 of Cr PC

(d) under section 296 of Cr PC.

276.Reports of certain Government scientific experts are admissible in evidence without any formal proof, under(a) section 291 of Cr PC(b) section 292 of Cr PC(c) section 293 of Cr PC(d) section 294 of Cr PC.

277.Examination of witnesses in the absence of the accused can be done, under(a) section 299 of Cr PC(b) section 321 of Cr PC(c) section 224 of Cr PC(d) section 301 of Cr PC

278.Rule autre for’s aquit or autre for’s commit is contained in (a) section 321 of Cr PC(b) section 320 of Cr PC(c) section 300 of Cr PC(d) section 298 of Cr PC.

279.During inquiry or trial, the accused in remanded to custody(a) under section 167(1) of Cr PC(b) under section 167(2) of Cr PC(c) under section 309(1) of Cr PC(d) under section 309(2) of Cr PC.

280.During inquiry or trial, under section 309 of Cr PC Magistrate can remand the accused(a) for a maximum of one month at

a time

(b) for a maximum of 15 days at a time

(c) for a maximum period of 14 days at a time

(d) for a period till next date irrespective of days.

281.Hearing on sentence by a Magistrate is required, on conviction(a) in a summons trial case under

section 255(2) of Cr PC(b) in a warrant trial case under

section 248(2) of Cr PC(c) both (a) & (b)(d) only (b) & not (a).

282.Under section 248(2) of Cr PC(a) conviction & sentence can be

passed on the same day(b) conviction & sentence cannot be

passed on the same day(c) conviction & sentence passed on

the same day shall be valid unless occasions failure of justice

(d) both (a) & (c).

283.In a summons case, instituted on a complaint, the accused having been summoned is liable to be acquitted under section 256 of Cr PC(a) on account of death of the

complainant(b) on account of non-appearance

of the complainant(c) both (a) & (b)(d) only (b) & not (a).

284.In a summons trial case instituted on a compliant wherein the summons have been issued to the accused, the non-appearance or death of the complainant shall entail(a) discharge of the accused(b) acquittal of the accused(c) either discharge or acquittal

depending on the facts & circumstances of the case

(d) only (a) & (c) above.

285.Withdrawal of a complaint under section 257 of Cr PC results in (a) acquittal of the accused in cases

where charge has already been framed

(b) discharge of the accused in cases where the charge has not yet been framed

(c) acquittal of the accused irrespective of whether the charge has been framed or not


286.Compounding of offence under section 320 of Cr PC results in (a) acquittal of the accused under all

circumstances (b) acquittal of the accused only

where the charge has already been framed

(c) discharge of the accused where the charge has not yet been framed


287.Proceedings under section 258 of Cr PC can be stopped(a) in a summons case instituted

upon a complaint(b) in a summons case instituted

otherwise than upon a complaint(c) in a warrant case instituted upon

a complaint (d) in a warrant case instituted

otherwise than upon a complaint.

288.Stoppage of proceedings under section 258 of Cr PC has the effect of(a) acquittal under all circumstances(b) acquittal where the evidence of

the principal witness has been recorded

(c) discharge in all other cases where the evidence of the principal witness has not been recorded

(d) only (b) & (c).

289.Magistrate has the power under section 259 of Cr PC to convert a summons trial case into a warrant trial case(a) relating to any offence

irrespective of the punishment prescribed.

(b) relating to an offence punishable for a term exceeding six months

(c) relating to an offence punishable for a term exceeding one year

(d) relating to an offence punishable for a term exceeding two years.

290.Under section 260 of Cr PC which of the following offences cannot be tried summons(a) offences punishable with

imprisonment exceeding three months

(b) offences punishable with imprisonment exceeding six months

(c) offences punishable with imprisonment exceeding one year

(d) offences punishable with imprisonment exceeding two years.

291.Under section 311 of Cr PC, a witness can be called(a) on the motion of the

prosecution (b) on the motion of the defence(c) on its own motion by the court(d) all the above.

292.Power to re-call any witness(es) under section 311 of Cr PC can be exercised(a) even after the evidence of both

the sides is closed(b) after the evidence of the

prosecution is closed, but before the evidence of defence is closed

(c) before the evidence of the prosecution is closed, if the witness is to be called on the motion of the prosecution

(d) after the evidence of the prosecution is closed if the

witness is called on the motion of the defence.

293.Power under section 311 of Cr PC can be exercised(a) to re-call any witness(es) already

examined(b) to summon any witness who has

been cited as a witness but not produced or examined before the evidence is closed

(c) to summon any witness who has not been cited as a witness

(d) all the above.

294.Under section 313 of Cr PC, the statement of the accused(a) has to be recorded on oath(b) has to be recorded without oath(c) either on oath or without oath

depending on whether the case is a summons trial or a warrant trial

(d) either on oath or without oath as per the discretion of the court.

295.Recording of the statement of the accused(a) can never be dispensed with(b) may be dispensed with in a

summons trial case generally(c) may be dispensed with in a

summons trial case where the personal attendance of the accused has been dispensed with

(d) may be dispensed with in a warrant trial case where the personal attendance of the accused has been dispensed with.

296.Answers given by the accused to the question put to him while recording his statement under section 313 of Cr PC can be taken into consideration for(a) judging the innocence of the

accused(b) judging the guilt of the accused (c) for judging the innocence or guilt

of the accused(d) neither for judging the

innocence nor the guilt of the accused.

297.Each material circumstance appearing in evidence against the accused must be put to the accused specifically, distinctly & separately. In this context, the propositions are

I. Failure to put the material evidence to the accused always vitiates the trial

II. Failure to put the material evidence amounts to a serious irregularity which can not be cured & vitiates the trial, if it has prejudiced the accused.

III. Failure to put the material evidence is not considered to services & is curable if infact no failure of justice has occasioned to the accused.

Now which of the following is correct(a) I & II are correct(b) I & III are correct(c) I, II & III are all are correct(d) II & III are correct.

298.Offences can be compounded under section 320 of Cr PC by the legal guardian of(a) a person under the age of 18

years(b) a person who is an idiot(c) a person who is lunatic(d) all of the above.

299.If the person who is competent to compound is dead, the compounding(a) can not be done(b) can be done by the legal

representative of the deceased without the permission of the court

(c) can be done by the legal representative of the deceased only with the permission of the court

(d) both (b) & (c).

300.Under section 321 of Cr PC(a) prosecution can be withdrawn in

summons case without consent of the court

(b) prosecution can be withdrawn in a warrant case without consent of the court

(c) in any type of cases but only with the consent of the court

(d) both (a) & (b).301.I. Withdrawal of prosecution can

only be for all the accused persons in a case if there is more than one offence

II. Withdrawal of prosecution can be in respect of any one or more of the offences

III. Withdrawal of prosecution has to be in respect of all the offences as it is the withdrawal of the caseWhich of the following is correct(a) I, II & III all are correct(b) I & II are correct(c) I & III are correct(d) II & III are correct.

302.Legal effect of withdrawal is(a) acquittal irrespective of whether

the charge has been framed or not

(b) acquittal when made after the framing of charge(s) and discharge if made before the framing of charge(s)

(c) discharge irrespective of the stage at which the case is pending


303.Under section 315 of Cr PC(a) an accused can not be a witness(b) an accused can be compelled to

give his own evidence generally

(c) an accused can be called as a witness only on his own request in writing


304.In a joint trial where several accused persons are being tried, one accused examines himself as a witness, now(a) all the other co-accused, if there

are more than one co-accused other than the accused, examining himself as a witness, have a right to cross-examine that accused, on a matter or right

(b) all the other co=-accused have a right to cross-examine that accused if the accused examining himself deposing something against one of the co-accused

(c) only that co-accused has a right to cross-examine the accused examining himself as witness, against whom such an accused has deposed something

(d) the co-accused do not have any right at all to cross-examine, the accused examining himself as a witness under any circumstances.

305.An accused having made a request in writing to examine himself and having been called to examine himself

(a) must necessarily examine himself

(b) has the liberty not to give evidence without giving rise to any presumption against him

(c) has the liberty not to give evidence, but in such a case a presumption against him arises

(d) has the liberty not to give evidence but in such a case a presumption arises against him & other co-accused tried along with him jointly.

306.Power under section 319 of Cr PC can be exercised(a) By the Magistrate and the Court

of Sessions both only after recording of evidence but inquiry or trial

(b) By the Magistrate before recording of evidence but by the Court of Sessions only after recording of evidence

(c) By the Magistrate and the Court of Sessions both even before recording of evidence

(d) By the Magistrate only after re cording evidence but by the Court of Sessions before recording of evidence.

307. The Magistrate has the power to grant compensation to the victim as provided under(a) Section 360 of Cr PC(b) Section 359 of Cr PC(c) section 358 of Cr PC

(d) Section 357 of Cr PC

308.The compensation to the victim under section 357 of Cr PC can be granted on

(a) Conviction (b) Acquittal(c) Discharge(d) Either (a) or (b) or (c).

309.Order under section 357 of Cr PC granting compensation to the victim can be passed by(a) The trial court(b) The appellate court(c) The revision court (d) Either (a) or (b) or (c)

310.Compensation can be ordered to be

paid under section 357 of Cr PC(a) When fine does not form part of

the sentence(b) When fine form part of the

sentence (c) Either (a) or (b)(d) Only (b) and not (a)

311.Disposal of property during the pendency of trial is governed (a) By section 454 of Cr PC(b) By section 451 of Cr PC(c) By section 452 of Cr PC(d) By section 453 of Cr PC

312.Disposal of property at the conclusion of trial is governed by(a) Section 452 of Cr PC(b) Section 453 of Cr PC

(c) Section 454 of Cr PC(d) Section 455 of Cr PC

313.Property within the meaning of section 451 Cr PC(a) Can be moveable property along(b) Can be immoveable property(c) Can be moveable & immoveable

property both (d) Can be chattels only

314.Order passed under section 451 of Cr PC is(a) A final order(b) An interlocutory order (c) Both (a) & (b)(d) Either (a )or (b)

315.For application of section 4512 of Cr PC the property(a) Must have been produced

before produced before the count during inquiry of trial

(b) Must have been the subject matter of offence

(c) Must have been used in the commission of the offence

(d) All the above

316.The prosecution of judges and public servants are provided in(a) Section 197 of Cr PC(b) Section 197 of Cr PC(c) Section 297 of Cr PC(d) Section 279 of Cr PC

317.Under section 456 of Cr PC

(a) possession of an immoveable property cannot be restored at all and a person has to resort to civil court

(b) possession of an immoveable property can be restored only in case the person is convicted

(c) possession of an immoveable property can be restored even in case of the person is acquitted

(d) possession of an immoveable property can be restored in case of conviction even though the findings of the civil court are in favour of the person convicted.

318.When the property is not produced before the court pending or during the inquiry or trial, the disposal of property shall be governed by(a) section 454 of Cr PC(b) section 455 of Cr PC(c) section 457 of Cr PC(d) section 458 of Cr PC

319.While passing an order for disposal of property(a) the Magistrate has to decide the

question of title(b) the Magistrate has to decide the

question of entitlement of possession without deciding the title

(c) the Magistrate has to decide the question of title as well as the question of entitlement of possession

(d) the Magistrate has to decide the question of entitlement of possession on the basis of decision as to the question of title.

320.Under section 459 of Cr PC, the Magistrate may order for the selling of property by the Government, if no claimant appears(a) within 3 months(b) within 6 months(c) within one year(d) within three years.

321.A Magistrate not empowered by law to order, under section 155 of Cr PC, the police to investigate an offence, orders the police to investigate the offence. Such order is(a) illegal and cannot be protected

under section 460 of Cr PC(b) irregular and is protected under

section 460 of Cr PC(c) illegal but not liable to be set

aside unless it amounts to miscarriage of justice

(d) irregular but liable to be set aside.

322.In a non-cognizable case, investigation made by the police, without order of the Magistrate under section 155(2) of Cr PC, is an (a) illegality not curable under

section 460 of Cr PC

(b) irregularity curable under section 460 of Cr PC

(c) illegality, but the Magistrate can proceed on the report is so desires and can be validated subsequently

(d) irregularly and the Magistrate has to proceed on the report submitted.

323.Irregularities which do not vitiate have been stated in(a) Section 460 of Cr PC(b) Section 461 of Cr PC(c) Section 462 of Cr PC(d) Section 466 of Cr PC

324.Irregularities which vitiate trial have been stated in(a) Section 460 of Cr PC(b) Section 461 of Cr PC(c) Section 466 of Cr PC(d) Section 467 of Cr PC.

325.For an offence punishable with fine only, the period of limitation prescribed under section 468 of Cr PC is(a) three months(b) six months(c) one year(d) three years.

326.Under section 468 of Cr PC, the period of limitation for an offence punishable with a term not exceeding one year is (a) six months

(b) one year(c) two years(d) three years.

327.Period of limitation for an offence punishable with a term of two years, as per section 468 of Cr PC is(a) six months(b) one year(c) two years(d) three years.

328.Period of limitation for an offence punishable for a term more than three years is(a) three years(b) twelve years(c) thirty years(d) no limitation prescribed.

329.Date from which the period of limitation is to commence has been prescribed under(a) Section 472 of Cr PC(b) Section 471 of Cr PC(c) Section 469 of Cr PC(d) Section 470 of Cr PC

330.Period of limitation shall commence(a) from the date of the offence

generally(b) from the date of knowledge of

the commission of the offence if not known earlier

(c) from the date of establishment of the identity of the accused if not known at the time of commission of the offence

(d) all the above.

331.Court can condone the delay(a) under section 470 of Cr PC(b) under section 471 of Cr PC(c) under section 473 of Cr PC(d) under section 472 of Cr PC.

332.In computing the period of limitation the time during which(a) the accused avoided arrest by

absconding has to be excluded(b) the accused remained absent

from India has to be excluded(c) both (a) & (b)(d) only (a) is correct & (b) is

incorrect.

333.The FIR can be quashed in the exercise of inherent powers by(a) the Magistrate’s Court(b) the Court of Session(c) the High Court(d) either (a) or (b) or (c).

334.Under the scheme of Cr. P.C. the inherent powers vest in(a) the High Court (b) the Court of Session(c) the Court of District & Sessions

Judge(d) all of the above

335.The inherent powers of the High Court are contained in(a) section 462 of Cr PC(b) section 472 of Cr PC(c) section 482 of Cr PC

(d) section 492 of Cr PC

336.Once police records information report (FIR), a copy of same should be given to complainant under(a) Section 153 of Cr PC(b) Section 154 of Cr PC(c) Section 155 of Cr PC(d) Section 156 of Cr PC

337.In which among the following cases the Supreme Court held that High Court cannot directly entertain bail application of POTA accused without its refusal by special court?(a) State of Gujarat v. Shalimbhai

Abdul Gaffar Shaikh (b) State of Maharashtra v. S.K.

Dhinde(c) State of Gujarat v. Santosh

Kumar(d) State of Uttar Pradesh v. S.N.

Srivastava.

338.The special court is(a) not subordinate to High Court(b) is subordinate to High Court(c) superior to High Court(d) supplement to High Court.

339.In which of the following cases the prosecution witness was prosecuted for perjury(a) Jessica Lal case (2007)(b) Nitish Katara case (2007)(c) Priyadarshni Mattoo case (2006)(d) None of the above.

340.The person seeking suspension of conviction should specifically draw the attention of the Appellate Court to the consequences that may arise if the conviction is not stayed as held by the Supreme Court in (a) She Prasad Bhor v. State of

Assam, AIR 2007 SC 918(b) P.V. George v. State of Kerala,

AIR 2007 SC 1034(c) Navjot Singh Sidhu v. State of

Punjab, AIR 2007 SC 1003(d) Kuldip Nayar v. Union of India,

(2006) 7 SCC 1

341.When the approver willfully suppresses material facts or gives false evidence(a) the court itself has inherent

power to proceed against Approver

(b) the court does no have inherent power to proceed against Approver

(c) police can take action against him

(d) on the request of police, court take action against Approver.

342.Any effort to settle disputes and claims by applying pressure through criminal prosecution(a) should depend upon the present

criminal system(b) should depend upon the

discretion of the court(c) should be deprecated and dis-

couraged

(d) should not be deprecated and dis-couraged.

343.If the police does not take action on complaint in respect of cognizable offences, the complainant(a) has right under section 190 of Cr

PC to complaint before local Magistrate

(b) has no right under section 190 of Cr PC to complaint before local Magistrate

(c) has right under section 290 of the Cr PC to complaint before Magistrate

(d) has right under section 390 of the Cr PC to complaint before Magistrate.

344.Whether suspicion is(a) a substitute for proof of offence(b) not a substitute for proof of

offence(c) a relevant factor for proof of

offence(d) not a dependent factor.

345.Inherent power of the court to order a joint trial of cases, is exercised when it appears to the court(a) that some common question of

law or fact arises in both proceedings

(b) the right to relief claimed thereof is in respect of the same transaction

(c) the right to relief claimed thereof arises out of the same series of transactions

(d) all the above.

346.In which of the following cases it was held that section 164 of Cr PC is required to be strictly complied with(a) Babu Bhai Udesinh Parmar v.

Stte of Gujarat, AIR 2007 SC 420(b) Rajesh Ranjan Yadav v. CBI, AIR

2007 SC 451(c) Naveen Chandra v. State of

Uttranchal, AIR 2007 Sc 363(d) Amrit Singh v. State of Punjab,

AIR 2007 SC 132.

347.In 2007 which High Court ordered ‘No arrest of a woman before sunrise and after sunset’(a) Delhi High Court(b) Rajasthan High Court(c) Allahabad High Court(d) Bombay High Court.

348.Which section of the Cr PC provides that, in no case the aggregate of consecutive sentences passed against an accused shall exceed 14 years(a) Section 31 of Cr PC(b) Section 51 of Cr PC(c) Section 34 of Cr PC(d) Section 41 of Cr PC.

349.The procedure for trial before a Court of Sessions is provided under sections(a) 260 to 265 Cr PC(b) 238 to 250 Cr PC(c) 251 to 259 Cr PC(d) 225 to 237 Cr PC.

350.The offence committed under which section of IPC is not compoundable under section 320 of Cr PC(a) Section 352(b) Section 353 (c) Section 354(d) Section 355

351.When there is a dispute between two courts relating to exercise of jurisdiction in a criminal matter and said courts are under subordination of different High Courts, the matter shall be decided under section 186 of Cr PC by the(a) Supreme Court(b) High Court of the larger State(c) High Court having more judges(d) High Court within whose local

limits of appellate jurisdiction the proceeding first commenced.

352.In which case it was held that: Identity of victim is not to be disclosed even in judgment of court?(a) Shashikant v. CBI, AIR 2007 SC

351

(b) Dinesh v. State of Rajasthan, AIR 2006 Sc 1267

(c) Naveen Chandra v. State of Uttaranchal, AIR 2007 Sc 363


353.Within the meaning of section 311A of Cr PC who among the following authorities has power to order person to give specimen signature or handwriting (a) Magistrate of First Class(b) Magistrate of Second class(c) Sessions Judge(d) any Magistrate.

354.The “Directorate of Prosecution” the provision added in the Cr PC by the Code of Criminal Procedure (Amendment) Act, 2005, shall be established by:(a) Central Government(b) each State Government(c) CBI(d) RAW

355.Within the meaning of section 144A of Cr PC, who among the following authorities has power to prohibit carrying arms in procession or mass drill or mass training with arms?(a) SDJM(b) Munsiff(c) District Magistrate(d) any Judicial Magistrate

356.“Plea Bargaining” a new chapter was added in Criminal Procedure

Code, 1973 by the Criminal Law Amendment Act, 2005 (2 of 2006) is contained in(a) Sections 265A to 265E(b) Sections 265A to 265L(c) Sections 265A to 265M(d) Sections 265A to 265N

357.The Code of Criminal Procedure (Amendment) Act, 2005(25 of 2005) came into force on(a) 22nd June, 2006(b) 21st June, 2005(c) 23rd June, 2006(d) 23rd July, 2006

358.Chapter XXIA “Plea Bargaining” (containing sections 265A to 265L) of Cr PC came into force on(a) 5th July, 2006(b) 16th April, 2006(c) 23rd June, 2005(d) 23rd June, 2006

359.Provision relating to plea bargaining comes under which Chapter in Criminal Procedure Code(a) XXI(b) XXA(c) VIIA(d) XXIA

360.Irregularities which do not vitiate proceedings have been stated in(a) section 460 of Cr PC(b) section 461 of Cr PC(c) section 462 of Cr PC(d) section 486 of Cr PC.

361.The amount of fine which can be imposed by a Magistrate of the First Class has been enhanced by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from Rs. 5000 to(a) Rs. 5000(b) Rs. 7000(c) Rs. 10000(d) none of the above.

362.The amount of fine which can be imposed by a Magistrate of the Second Class has been enhanced by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from Rs.1000 to(a) Rs. 3000(b) Rs. 5000(c) Rs. 7000(d) none of the above.

363.Which of the following statements is true:(a) a woman can never be arrested

after sunset and before sunrise under the provisions of Cr. P.C.

(b) a woman can be arrested after sunset and before sunrise only under exceptional circumstances

(c) a woman can be arrested after sunset and before sunrise only under exceptional circumstances with the prior permission of Judicial Magistrate of first class within whose jurisdiction the

offence is committed or the arrest is to be made


364.Examination of person accused of rape by medical practitioner as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has been provided under(a) Section 50A(b) Section 53A(c) Section 54A(d) Section 54.

365.The section making it mandatory for the police officer making arrest to inform about the arrest and place where the arrested person is being held to a nominated-person as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) is(a) Section 50A(b) Section 53A(c) Section 54A(d) Section 53B.

366.The section dealing with the medical examination of the victim of rape as inserted by Criminal Procedure (Amendment) Act 205 (25 of 2005) is(a) Section 164A(b) Section 166A(c) Section 166B(d) Section 53A.

367.In case of special summons in cases of petty offence under section 206, the amount of fine specified is such summons has, in view of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has been enhanced from Rs. 100 to(a) Rs. 200(b) Rs. 500(c) Rs. 1000(d) Rs. 2000.

368.Plea Bargaining inserted by Criminal Law (Amendment) Act, 2005 (2 of 2006) does not apply in case of(a) offences affecting socio-

economic conditions of the country

(b) offences committed against woman

(c) offences against children below the age of fourteen years


369.The judgment delivered by a court in cases of plea bargaining is(a) final(b) appealable and appeal lies to the

High Court(c) final and no appeal except SLP

under Article 136 and writ petition under Articles 226 & 227 lies

(d) appeal lies directly to the Supreme Court.

370.The statements or facts stated by an accused in an application for plea bargaining:(a) can be used by the court in any

other case against the accused.(b) can be used in any other case

against the accused only with the permission of the court before which the application for plea bargaining was made.

(c) cannot be used for any other purpose except for the purpose of this chapter.


371.The powers of Magistrate to order person to give specimen signature or handwriting has been inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) under (a) Section 310A(b) Section 311A(c) Section 312A(d) Section 313A.

372.A witness or any other person may file a complaint in relation to an offence under section 195A of IPC is provided under_______ of Cr. P.C. as inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) with effect from 31-12-2009(a) Section 195A(b) Section 196A(c) Section 197A(d) Section 198A.

373.Every State Government in co-ordination with the Central Government shall formulate Victim Compensation Scheme (VCS) for providing fund for compensation to victims falls under section 3587A of Cr. P.C. with effect from 31-12-2009. This section was inserted by(a) Code of Criminal Procedure

(Amendment) Act, 2008 (5 of 2009)

(b) Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005)

(c) Criminal Procedure Law (Amendment) Act, 2005 (2 of 2006)

(d) Code of Criminal Procedure (Amendment) Act, 2001 (50 of 2001.

374.What is true about Criminal Procedure Code in respect of the offences by criminals other than the offences under Indian Penal Code?(a) Criminal Procedure Code cannot

be followed(b) Criminal Procedure Code can be

followed only against offences under Indian Penal Code

(c) Criminal Procedure Code can be followed as it is uniform procedural law in criminal proceedings

(d) Criminal Laws other than Indian Penal Code have their own procedural application.

375.The term(a) Section 2(b) Section 2 (wa)(c) Section 2(u)(d) none of the above.

376.As per section 26 any offences 276 and section 376A to 376D of tried as far as practicable by a court over by(a) a woman(b) Judicial Magistrate of First Class(c) Chief Judicial Magistrate (d) a High Court Judge.

377.Under the provisions of section 198(6) where an offence under section 676 of IPC consists of sexual intercourse by a man with his own wife, the wife being under…… years of age, no court shall take cognizance of the offence if more than one year has elapsed from the date of the commission of the offence(a) 13(b) 15(c) 16(d) 18.

378.Payment of compensation to a victim is provided under(a) Section 356(b) Section 357(c) Section 357A(d) None of the above

379.What is about position of Cr. P.C., when former Chief Justices of India are alleged as corrupted after their Retirement from Supreme Court?(a) Cr. P.C. can be applied with the

offence to be charged under IPC.(b) Cr. P.C. can be applied with

offence to be charged under Prevention of Corruption Act, 1988.

(c) Cr. P.C. is silent about to be applied

(d) Cr. P.C. is meant for non-officials only.

380.In which of the following cases the Supreme Court held that FIR was not substantive evidence and could only be used to corroborate its maker?(a) Union of India v. A. Kumar, AIR

2010 SC 2735.(b) C. Mangesh v. State of

Karnataka, AIR 2010 SC 2768.(c) Anil Kumar v. B.S. Neelakanta,

AIR 2010 Sc 2715.

(d) Vijeta Gazra v. State, AIR 2010 SC 2712.

Answers

The code of criminal Procedure, 19731. (b)

2. (d)

3. (c)

4. (b)

5. (c)

6. (d)

7. (b)

8. (b)

9. (c)

10. (b)

11. (c)

12. (d)

13. (c)

14. (d)

15. (b)

16. (d)

17. (b)

18. (c)

19. (c)

20. (c)

21. (c)

22. (b)

23. (d)

24. (c)

25. (d)

26. (c)

27. (c)

28. (d)

29. (a)

30. (c)

31. (d)

32. (a)

33. (a)

34. (c)

35. (a)

36. (b)

37. (d)

38. (d)

39. (c)

40. (b)

41. (b)

42. (b)

43. (b)

44. (d)

45. (a)

46. (c)

47. (d)

48. (c)

COURSE – I

“LAW OF EVIDENCE” (CODE: K-302)

Unit I: Nature and scope, Definitions (secs. 1 to 4)

Unit II: Relevancy of facts, Facts which need not be proved (secs. 5 to 58)

Unit III: Oral Evidence, Documentary Evidence, Exclusion of Oral by documentary Evidence (Sec. 59- 100)

Unit IV: Burden of Proof and presumptions, Estopples (Secs. 101 to117)

Unit V: Witnesses, Examination of Witnesses, Effect of Improper Admission and Rejection of Evidence (Secs. 118 to167)

The Indian Evidence Act, 1872

Objective questionsQ.104. A is charged with murder of Y. At the trial, the evidence adduced by the prosecution

(a) The first witness says that he had learnt from X, who was a neighbor of Y, that on the evening of the alleged murder A had quarelled with the deceased.

(b) The second witness states that shortly after the occurrence he found Y lying on the ground with his head and body cut, and that Y had informed him that A had attacked him with the knife; that thereupon he went to A and charged him with the crime and that A said that he had been told by R, who ha been informed by S, that Y had been endeavouring to ruin A.

(c) The third witness states that he happened to be passing by the house of the deceased when he heard some one, whose voice he did not recognize, crying out “You are murdering me”.

(d) The fourth witness, a policeman, states that after the death of Y he found in the house a letter from A to Y in which the former charged the latter with attempting to ruin him, and also a large knife eighteen inches long and three inches broad with a long blade with red stains upon it, which in his opinion constitute blood stains; but he does not produce the letter or the knife and non production of these articles is not accounted for.

Would you convict A on the basis of the statements of these witnesses? The answer should be the form of a judgment, clearly indicating the evidentiary values of the statements of these witnesses. [1973 H.P.J.S]

Q.105. (a) Explain in your own words, and not by quoting sections of the Evidence Act as illustrations, the general principles which govern the admissibility of evidence on the ground of relevancy.

(b) State briefly what facts a witness can not be compelled to disclose and what he shall not ordinarily permitted to disclose. [1973 H.P.J.S.]

Q.106. Distinguish between primary and secondary evidence. A gives a receipt to B for money paid by B does not produce the receipt but offers oral evidence of the payment. Is such evidence admissible?

[1989, 200 H.P.J.S., 1989 A.P.P.S.C., 1987 U.P.J.S., 1989, 1991, R.J.S., 1973 H.P.J.S.]

Q.107. Write brief illustrative notes on the following:-

(a) Judicial notice.

(b) Evidence in rebuttal.

Q.108. Five person A, B, C, D and E received serious injuries in the course of a factious fight. They were first taken to the police station and then to the hospital. At the police station A gave a report Exhibit I which as recorded as the First Information Report. Police also recorded statements exhibits II and III from B and. At that time D and E were unconscious. At the hospital the doctor the doctor sent for a Magistrate who recorded statements from all five of them. In order they were Exhibits IV, V,VI, VII and VIII. Subsequently A, C and died of the injuries, received in the fight. B and D were examined at the trial as witnesses. For what purpose could each of the statements Exhibits I to VIII be used at the trail? [1972 A.P.P.S.C.]

Q.109. A dying declaration is admissible

(a) only in criminal proceedings(b) only in civil proceedings(c) both in civil as well as criminal proceedings(d) in criminal proceedings alone and not in civil proceedings.

[Haryana Civil Services (Judicial Branch) Exam, 2010]

Q.110. Admissibility of electronic record has been prescribed under

(a) Section 64 of Evidence Act(b) Section 65 of Evidence Act(c) Section 65B of Evidence Act(d) Section 65A of Evidence Act. [Haryana civil Services (Judicial Branch) Exam, 2010]

______________________________

Multiple choice questions

On

The Indian evidence Act, 18721. Indian Evidence Act was drafted by

(a) Lord Macaulay (b) Sir James F. Stephen(c) Huxley(d) Sir Henry Summer Maine.

2. The law of evidence consists of(a) ordinary rules of reasoning(b) legal rules of evidence(c) rules of logic(d) all the above.

3. Relevancy and admissibility under the Indian Evidence Act are(a) synonymous (b) co-extensive(c) neither synonymous nor co-

extensive(d) synonymous & co-extensive

both.

4. ‘Self-regarding’ statements(a) can be self-serving statements(b) can be self-harming statements(c) can be self-serving or self-

harming(d) none of the above.

5. What is correct as regards the admissibility of self-regarding statements(a) self-harming statement is

admissible but a self-serving

statement is not generally admissible(b) self-serving statement is

admissible but a self-harming statement is not generally admissible

(c) self-serving and self-harming statements both are generally admissible

(d) self-serving and self-harming statements both are generally inadmissible.

6. Under the law of evidence, as a general rule(a) opinion on a matter of fact

is relevant but not on a matter of law

(b) opinion on a matter of law is relevant but not on a matter of fact

(c) opinion on a matter of fact and law both are relevant

(d) opinion whether on a matter of fact or law, is irrelevant.

7. Indian Evidence Act applies to(a) proceedings before

tribunals(b) proceedings before the

arbitrator(c) judicial proceedings in

courts

(d) all the above.

8. Law of evidence is(a) lex tallienis(b) lex fori(c) lex loci solutionis (d) lex situs.

9. Law of evidence is (a) a substantive law(b) an adjective law(c) both (a) & (b)(d) neither (a) nor (b).

10. Facts can be(a) physical facts(b) psychological facts(c) physical as well as

psychological facts(d) only physical facts & not

psychological facts.

11. Under the Evidence Act, fact means

(a) factum probandum(b) factum probans(c) both factum probandum and

factum probans(d) none of the above.

12. Fact in issue means(a) fact, existence or non-

existence of which is admitted by the parties

(b) fact, existence or non-existence of which is disputed by the parties

(c) fact existence or non-existence of which is not disputed by the parties

(d) all the above.

13. Evidence under the Indian Evidence Act means & includes

(a) ocular evidence(b) documentary evidence(c) ocular and documentary

evidence both(d) ocular evidence based on

documents only

14. Propositions under Evidence Act are

I Affidavit is an evidence.

II Everything produced before the court for inspection is evidence

III Anything of which judicial notice can be taken is evidence.

IV Written statement of an accused is evidence.

Which of the following is true in respect of the aforesaid propositions

(a) I, II, III & IV all are correct(b) I, II & III are correct but IV is

incorrect

(c) I, II & IV are correct but III is incorrect

(d) I, II & IV are incorrect but III is correct

(e) I & II are correct but III & IV are incorrect

(f) I is incorrect but II, III & IV are correct.

15. Proof of a fact depends on(a) accuracy of the statement

and not upon the probability of its existence

(b) not upon the accuracy of the statement but upon the probability of its existence

(c) artificial probative value assigned to a fact

(d) rigid mathematical demonstration.

16. Standard of proof in(a) civil and criminal cases is the

same(b) criminal cases is much more

higher than in civil cases(c) criminal case is lower than in

civil cases(d) either (a) or (c) are correct

17. Presumptions under the law of evidence are

(a) presumption of facts(b) presumptions of law(c) both (a) & (b)(d) only (b) & not (a).


I. Presumptions of facts are always rebuttable

II. Presumption of facts can be either rebuttable or irrebuttable

III. Presumption of law are always irrebuttable

IV. Presumption of law can either rebuttable or irrebuttable.

Which is true of the aforesaid propositions

(a) I & III are correct but II & IV are incorrect

(b) I & IV are correct but II & III are incorrect

(c) II & III are correct but I & IV are incorrect.

(d) II & IV are correct but I & III are incorrect.

19. Under the law of evidence, the relevant fact

(a) must be legally relevant(b) must be logically relevant(c) must be legally & logically

relevant(d) must be legally & logically

relevant and admissible.

20. Relevancy is(a) question of law and can be

raised at any time(b) question of law but can be

raised at the first opportunity

(c) question of law which can be waived

(d) question of procedure which can be waived.

21. Question of mode of proof is(a) a question of law which can

be raised at any time(b) a question of procedure but

has to be raised at the first opportunity and stands waived if not raised at the first opportunity

(c) a question of procedure & can be raised at any time

(d) a mixed question of law & fact.

22. Which of the following documents are not admissible in evidence

(a) documents improperly procured

(b) documents procured by illegal means


23. The facts which form part of the same transaction are relevant

(a) under section 5 of Evidence Act

(b) under section 6 of Evidence Act

(c) under section 7 of Evidence Act

(d) under section 8 of Evidence Act.

24. A fact forming part of the same transaction is relevant under section 6 of Evidence Act

(a) if it is in issue and have occurred at the same time & place

(b) if it is in issue and may have occurred at different times & places

(c) though not in issues and may have occurred at the same time & place or at different times & places

(d) though not in issue, must have occurred at the same time & place.

25. Several classes of fats, which are connected with the transaction(s) in a particular mode, are relevant





26. Motives of preparation and conduct are relevant





27. Under section 8 of Evidence Act

(a) motive is relevant(b) preparation is relevant(c) conduct is relevant(d) all the above.

28. For conduct to be relevant under section 8 of Evidence Act, it

(a) must be previous(b) must be subsequent(c) may be either previous or

subsequent(d) only subsequent & not

previous.

29. Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship & identity of parties are relevant






(a) the identification parades of suspects are relevant

(b) the identification parades of chattels are relevant

(c) both (a) & (b) are relevant(d) only (a) & not (b) is relevant.

31. Identification of a suspect by photo is

(a) admissible in evidence(b) not admissible in evidence(c) section 9 of Evidence Act

excludes identification by photo

(d) section 8 of Evidence Act excludes identification by photo.

32. Things said or done by a conspirator in reference to the common design is relevant





33. A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible




(d) both (b) & (c).

34. Alibi is governed by (a) section 6 of Evidence Act(b) section 8 of Evidence Act(c) section 12 of Evidence Act(d) section 11 of Evidence Act.

35. Transaction and instances relating to a accused or custom are relevant




(d) under section 13 of Evidence Act

36. Section 13 of Evidence Act applies in

(a) corporal rights(b) incorporal rights(c) both corporal and incorporal

rights(d) neither (a) nor (b).

37. Section 13 of Evidence Act(a) is confined to public rights &

does not cover private rights

(b) is not confined to public rights and covers private rights also

(c) is confined to private rights and does not cover public rights

(d) either (a) or (c) is correct.

38. Mode of proof of a custom is contained in

(a) section 32(4) of Evidence Act(b) section 32(7) of Evidence Act(c) section 48 of Evidence Act(d) all the above.

39. Section 14 of Evidence Act makes relevant the facts which show the existence of

(a) any state of mind(b) any state of body or bodily

feeling(c) either state of mind or of

body or bodily feeling(d) a particular state of mind

and a state of body.

40. Under section 14 of Evidence Act Explanation I

(a) evidence of general disposition, habit or tendencies is inadmissible

(b) evidence having a distinct and immediate reference to the particular matter in question is admissible

(c) both (a) & (b) are correct(d) both (a) & (b) are incorrect.

41. Previous conviction of a person is relevant under

(a) explanation I to section 14 of Evidence Act

(b) explanation II to section 14 of Evidence Act

(c) explanation III to section 14 of Evidence Act

(d) explanation IV to section 14 of Evidence Act.

42. Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant

(a) when it is uncertain whether the act is intentional or accidental

(b) when it is certain that the act is with guilty knowledge

(c) when it is certain that the act is done innocently


43. Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under

(a) section 16 of Evidence Act(b) section 17 of Evidence Act(c) section 18 of Evidence Act(d) section 19 of Evidence Act.

44. Admissions

(a) must be examined as a whole and not in parts

(b) can be examined in parts(c) can be examined as a whole

or in parts(d) both (b) & (c) are correct.

45. Admissions bind the maker(a) in so far as it relates to facts(b) in so far as it relates to

question of law(c) both on questions of facts &

of law(d) neither (a) nor (b).

46. Admissions(a) must be in writing(b) must be oral(c) either oral or in writing(d) only in writing & not oral.

47. Admissions to be relevant(a) must be made to the party

concerned & not to a stranger

(b) must be made to a stranger(c) it is immaterial as to whom

admission is made and an admission made to a stranger is relevant

(d) it is immaterial to whom the admission is made but must be made to someone intimately connected & not a stranger.


I. Statement is a genus, admission is a species.

II. Statement & admission are species & confession is a sub species.

III. Statement & admission are genus & confession is a species.

In this context which of the following is correct

(a) I is correct, II & III are incorrect

(b) I & II are correct & III is incorrect

(c) II & III are correct & I is incorrect

(d) III is correct & I & II are incorrect.

49. Admission can be(a) formal only(b) informal only(c) either formal or informal(d) only formal & not informal.

50. Admissions(a) are conclusive proof of the

matters admitted(b) are not conclusive proof of

the matters admitted but operate as estoppels

(c) are conclusive proof of the matter and also operate as estoppels

(d) both (a) & (c) are correct.51. Persons who can make

admissions are mentioned in


52. Admissions by agents are(a) admissible in civil

proceedings under all circumstances

(b) admissible in civil proceedings only if the agent has the authority to make admissions

(c) never admissible in criminal proceedings

(d) both (b) & (c).

53. Admissions made by a party are evidence against

(a) privies in blood(b) privies in law(c) privies in estate(d) all the above.

54. Which of the following admission is no evidence

(a) an admission by one of the several defendants in a suit against another defendant

(b) an admission by a guardian ad litem against a minor

(c) an admission by one of the partners of a firm against the firm or other partners

(d) only (a) & (b).55. When the liability of a person

who is one of the parties to the suit depends upon the liability

of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided





56. In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of


57. Communication made ‘without prejudice’ are protected





58. Confession caused by inducement, threat or promise is contained in


59. Section 24 of Evidence Act applies

(a) when the inducement, threat or promise comes from a person in authority

(b) when the inducement is of a temporal kind

(c) when the inducement is spiritual or religious

(d) only (a) & (b) are correct.

60. A confession made to a police officer is inadmissible under


61. A confession to be inadmissible under section 25 of Evidence Act

(a) must relate to the same crime for which he is charged

(b) must relate to another crime(c) may relate to the same or an

crime(d) only (a) is correct and (b) is

incorrect

62. Which of the following is not given section 25 of Evidence Act

(a) confession made to custom officers

(b) confessions made to a member of Rail Protection Force

(c) confession made to an officer under FEF

(d) all the above.

63. A retracted confession(a) can be made solely the basis

of conviction (b) cannot be made solely the

basis conviction under any circumstances

(c) can not be made solely the basis of conviction unless the same is corroborates

(d) both (a) & (c) are incorrect.

64. A confession made by a person while if police custody is inadmissible as per


65. A confession made while in police custody is admissible under section 26 of Evidence Act

(a) if made in the presence of a doctor

(b) if made in the presence of a captain of a vessel

(c) if made in the presence of a Magistrate

(d) all the above.

66. Section 27 control(a) section 24 of Evidence Act(b) section 25 of Evidence Act(c) section 26 of Evidence Act(d) all the above.

67. Section 27 applies to(a) discovery of some fact which

the police had not previously learnt from other sources and was first derived from the information given by the accused

(b) discovery of some fact which the police had previously learnt from other sources.

(c) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same

(d) all the above.

68. Under section 27 of Evidence Act, ‘discovery of fact includes

(a) the object found(b) the place from where it is

produced(c) both (a) & (b)(d) neither (a) nor (b).

69. Section 27 of Evidence Act applies

(a) when the person giving information is an accused but not in police custody

(b) when he person giving information is an accused and is in police custody

(c) when the person is in police custody but not an accused

(d) when the person is neither in police custody nor an accused.


(a) the whole statement is admissible

(b) only that portion which distinctly relates to the discovery is admissible

(c) both are admissible depending on the facts & circumstances of the case

(d) only (a) & not (b).

71. Facts discovered in consequences of a joint information

(a) are not admissible and can not be used against any of the accused person

(b) are admissible and can be used against any one of the accused person

(c) are admissible and can be used against all the accused persons

(d) both (a) & (c) are correct.

72. Confession of an accused is admissible against the other co-accused





73. Confession of one accused is admissible against co-accused

(a) if they are tried jointly for the same offences

(b) if they are tried jointly for different offences

(c) if they are tried for the same offences but not jointly

(d) if they are tried for different offences and not jointly.

74. Confession of a co-accused, not required to be on oath and cannot be tested by cross-examination

I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction

II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason

for believing such other evidences as exists

III. it is a very weak type of evidence and is much weaker even than the evidence of an approver.

In the aforesaid propositions

(a) all I, II & III are correct(b) only I & III are correct(c) only I & II are correct(d) only II & III are correct.

75. ‘Necessity rule’ as to the admissibility of evidence is contained in


76. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement

(a) is dead or has become incapable of giving evidence

(b) is a person who can be found but his attendance can not be procured without unreasonable delay or expenses

(c) is a person who can not be found

(d) all the above.

77. Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible

(a) must relate to the cause of his own death

(b) may relate to the cause of someone else’ death

(c) may relate to the cause of his own death or someone else’ death


78. The person whose statement is admitted under section 32 of Evidence Act

(a) must be competent to testify(b) need not be competent to

testify(c) may or may not be

competent to testify(d) only (a) is correct and (b) &

(c) are incorrect.

79. A dying declaration is admissible

(a) only in criminal proceedings(b) only in civil proceedings(c) in civil as well as criminal

proceedings both(d) in criminal proceedings alone

& not in civil proceedings

80. A dying declaration(a) can form the sole basis of

conviction without any corroboration by independent evidence

(b) can form the basis of conviction only on corroboration by independent witness

(c) cannot form the sole basis of conviction unless corroborated by independent witness

(d) only (b) & (c) are correct.

81. A dying declaration to be admissible

(a) must be made before a Magistrate

(b) must be made before the police officer

(c) may be made before a doctor or a private person

(d) may be made either before a magistrate or a police officer or a doctor or a private person.

82. Declaration in course of business are admissible

(a) under section 32(1) of Evidence Act

(b) under section 32(2) of Evidence Act

(c) under section 32(4) of Evidence Act

(d) under section 32(7) of Evidence Act.

83. Declaration as to custom are admissible

(a) under section 32(1) of Evidence Act

(b) under section 32(2) of Evidence Act

(c) under section 32(4) of Evidence Act

(d) under section 3232(7) of Evidence Act.

84. Under section 32(4) of Evidence Act, the declaration

(a) as to public rights & customs are admissible

(b) as to private rights & customs are admissible

(c) as to both public and private rights and customs are admissible

(d) only as to customs are admissible.

85. Opinions of experts are relevant





86. Under section 45 of Evidence Act, the opinion of expert can be for

(a) identity of hand writing(b) identity of finger impression(c) both (a) & (b)(d) neither (a) nor (b).

87. Under section 45 of Evidence Act the opinion of expert can be on the question of

(a) Indian law(b) Foreign law(c) both (a) & (b)(d) only (a) & not (b).

88. Opinion of an expert under section 45 of Evidence Act

(a) is a conclusive proof(b) is not a conclusive proof(c) is supportive & corroborative

in nature(d) either (a) or (c).

89. A disputed handwriting can be proved

(a) by calling an expert(b) by examining a person

acquainted with the handwriting of the writer of the questioned document

(c) by comparison of the two-admitted & disputed handwritings

(d) all the above.

90. The res inter alia acta is receivable



(c) under section 48 of Evidence Act.


91. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act

(a) if they by themselves create a liability

(b) if they by themselves do not create a liability

(c) irrespective of whether they themselves create a liability or not


92. When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible





93. The relationship in section 50 of Evidence Act means

(a) relationship by blood only(b) relationship by blood or

marriage(c) relationship by blood or

marriage or adoption

(d) only (a) and not (b) & (c).

94. Opinion as to relationship of marriage under section 50 of CPC

(a) is admissible in cases of offences against marriage

(b) is admissible in proceedings under Indian Divorce Act

(c) is admissible both in (a) & (b)(d) is neither admissible in cases

of offences against marriage nor in proceedings under Indian Divorce Act


I. In civil caes, character evidence is inadmissible unless the character of a party is a fact in issue.

II. In criminal cases, the evidence of good character is admissible generally.

III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.

IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given.

In relation to the above propositions which of the following is correct statement

(a) All the four (I, II, III & IV) are correct

(b) I, II & III are correct but IV is incorrect

(c) I & II are correct but III & IV are incorrect

(d) I & III are correct but II & IV are incorrect

(e) I, II & IV are correct but III is incorrect

(f) II, III & IV are correct but I is incorrect.

96. Facts of which the judicial notice is to be taken are stated in


97. List of facts of which the judicial notice has to be taken under section 57 of Evidence Act

(a) is exhaustive(b) is illustrative only(c) is both (a) & (b)(d) is neither (a) nor (b).

98. Facts which need not be proved by the parties include

(a) facts o which judicial notice has to be taken

(b) facts which have been admitted by the parties at or before the hearing

(c) both (a) & (b)

(d) neither (a) nor (b).

99. The court may in its discretion call for proving the facts

(a) of which judicial notice has to be taken

(b) which have been admitted otherwise the such admissions


100. Oral evidence under section 60 of Evidence Act may be

(a) direct only(b) hearsay(c) both (a) & (b)(d) either (a) or (b).

101. Contents of a document under section 59 of Evidence Act

(a) can be proved by oral evidence

(b) can not be proved by oral evidence

(c) may or may not be proved by oral evidence

(d) can only be proved by oral evidence under the order of the court.

102. Contents of a document may be proved under section 61 of Evidence Act

(a) by primary evidence(b) by secondary evidence(c) either by primary or by

secondary evidence

(d) only by primary evidence & not by secondary evidence.

103. Secondary evidence of a document means

(a) copies of that document(b) oral account of the contents

of the documents(c) both (a) & (b)(d) only (a) & not (b).

104. Secondary evidence of a document is admissible as a substitute for

(a) admissible primary evidence(b) inadmissible primary evidence

under certain circumstances(c) inadmissible primary evidence

under all the circumstances(d) both (a) & (b) are correct.

105. The circumstances under which the secondary evidence is admissible have been enumerated in


106. Secondary evidence is admissible

(a) where the non-production of primary evidence has not been accounted for

(b) where the non-production of primary evidence has been accounted for

(c) irrespective of whether the non-production of primary evidence has been accounted for or not


107. Oral account of the contents of a document is admissible

(a) when given by a person who has seen & read the document

(b) when given by a person who has seen but not read the document

(c) when given by a person to whom the document was read over

(d) when given by any of the above.

108. A document required by law to be attested can be proved under section 68 of Evidence Act only

(a) by calling both the attesting witnesses

(b) by calling at least one of the attesting witnesses

(c) by calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

(d) all of the above are correct.

109. The calling of at least one attesting witness to prove a

document under section 68 is not necessary

(a) when the document other than a will is registered under the Indian Registration Act, 1908

(b) when the document including Will is registered under the Indian Registration Act, 1908

(c) when the document irrespective of whether it is a Will, is registered under the Indian Registration Act, 1908


110. A will is required to be proved by calling at least one attesting witness

(a) when it is registered (b) when it is unregistered(c) when it is admitted(d) all of the above.

111. Public documents are mentioned in


112. Documents which are not covered under section 74 of Evidence Act are called

(a) semi-public documents(b) quasi-public documents(c) private documents(d) all the above.

113. Maxim ‘omnia proesumuntur rite esse acta means

(a) all acts are presumed to be rightly done

(b) all acts are presumed to be not rightly done

(c) all acts are presumed to be wrongly done

(d) all acts are presumed to be not wrongly done.

114. Admissibility of electronic record has been prescribed under

(a) section 65 of Evidence Act(b) section 65A of Evidence Act(c) section 65B of Evidence Act(d) section 66 of Evidence Act

115. Principle of ‘omnia proesumuntur rite esse acta’ is contained in

(a) section 78 of Evidence Act(b) section 79 of Evidence Act(c) section 80 of Evidence Act(d) section 81 of Evidence Act

116. Section 79 of Evidence Act applies to

(a) certificates issued by a Government officer

(b) certified copies issued by a Government officer

(c) other documents duly certified to be genuine by a Government officer

(d) all the above.

117. Section 79 of Evidence Act contains

(a) an irrebuttable presumption of law

(b) a rebuttable presumption of law

(c) a presumption of fact(d) no presumption either of fact

or law.

118. Sections 79 to 85 of Evidence Act contain

(a) presumption of facts(b) rebuttable presumptions of

law(c) irrebuttable presumption of

law(d) irrebuttble presumptions of

facts.

119. Presumption as to the accuracy of maps & plans made by the authority of Government is contained in


120. Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of

(a) maps & plans made by private persons

(b) maps & plans made by the authority of Government

(c) both (a) & (b) above


121. Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authentication by

(a) a notary(b) a judge(c) a magistrate(d) all the above.

122. Due execution of a document more than thirty years old coming from proper custody, is a

(a) presumption of fact(b) rebuttable presumption of


law(d) presumption of fact & law

both.

123. The presumption under section 90 of Evidence Act can be drawn in respect of

(a) original documents(b) certified copies(c) uncertified copies(d) all the above.

124. Period of thirty years under section 90 of Evidence Act is to be reckoned from

(a) the date on which the document is relied upon

(b) the date on which the document is filed in the court

(c) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

(d) all the above.


(a) non-testamentary documents(b) testamentary documents(c) both testamentary and non-

testamentary documents(d) none of the above.

126. In cases of Wills, the period of thirty years shall run

(a) from the date of the will(b) from the date of the death of

the testator(c) from the date of registration

of the Will, if registered(d) either (a) or (b).

127. Presumption as to the presumption of gazettes in electronic form has been deal with under

(a) section 81A of Evidence Act(b) section 88A of Evidence Act(c) section 90A of Evidence Act(d) section 73A of Evidence Act.

128. Section 88A of Evidence Act provides for

(a) presumption as to the electronic message forwarded corresponds with the message as fed in the computer

(b) presumption as to the person by whom the message is sent

(c) both (a) & (b)(d) only (b) but not (a).

129. Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is

(a) 20 years old(b) 15 years old(c) 10 years old(d) 5 years old.


(a) transactions which under the law must be in writing

(b) transactions which are reduced into writing voluntarily


131. Section 91 of Evidence Act(a) permits admission of oral

evidence to prove the contents of a document where the writing is a fact in issue

(b) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue

(c) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact ion issue and is merely a collateral memorandum

(d) both (b) & (c).

132. Section 91 of Evidence Act applies to documents which are

(a) unilateral (b) bilateral(c) tripartite(d) all the above.

133. Section 91 of Evidence Act(a) prohibits admission of oral

evidence as to the existence or non-existence of a factum

(b) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence

(c) prohibits admission of oral evidence as to the existence or non-existence of a factum and also the terms of the factum if in existence

(d) both (a) & (c).

134. Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of

(a) contradicting its terms(b) varying its terms(c) adding to its terms(d) all the above.

135. Section 92 of Evidence Act is applicable to

(a) disputes between the parties to the instrument only

(b) disputes between a party to the instrument and a stranger

(c) disputes between two strangers where the document is in question

(d) all the above.


(a) unilateral documents(b) bilateral document(c) both (a) & (b)(d) either (a) or (b).

137. Oral evidence of a fact invalidating the document is admissible

(a) under proviso 1 to section 92 of Evidence Act

(b) under proviso 2 to section 92 of Evidence Act

(c) under proviso 4 to section 92 of Evidence Act

(d) under proviso 6 to section 92 of Evidence Act.

138. The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document

(a) is a complete want or failure(b) is a partial want or failure(c) is a substantial want or failure(d) may be complete or may be

partial want or failure.

139. Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

(a) unilateral mistake(b) mutual mistake(c) both (a) & (b)(d) only (b) not (a).

140. Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible

(a) where the document does not record all the terms of the contract

(b) where the document records all the terms of the contract

(c) where the documents is complete in itself

(d) all the above141. Under proviso 2 to section 92

of Evidence Act oral evidence is admissible

(a) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

(b) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document

(c) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

(d) all the above.

142. Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

(a) where the contract has been written voluntarily & not required by laws to be so written

(b) where the law required the contract to be in writing

(c) where the contract has been registered under the law of registration of documents

(d) all the above.

143. Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of

(a) ambiguitas patens(b) ambiguitas lateens


144. The test of ascertaining on which side the burden of proof lies is contained in


145. Burden of proof means(a) the burden of proof as a

matter of law & pleading is burden of establishing a case

(b) the burden of proof as to introduction of evidence


146. Burden of proof(a) partially determines the right

to begin(b) substantially determines the

right to begin(c) wholly determines the right to

begin(d) only (c) & not (a) or (b).

147. Burden of proof under section 101 of Evidence Act

(a) never shifts(b) goes on shifting as the trial

proceeds(c) may shift(d) both (b) & (c) are correct.

148. Burden of proof is lightened by

(a) presumptions (b) admissions(c) estoppels(d) all the above.

149. Burden of introducing evidence under section 102 of Evidence Act

(a) never shifts(b) occasionally shifts(c) constantly shifts(d) only (a) and not (b) or (c).

150. in criminal proceedings, the burden of proof is

(a) on the prosecution to prove the guilt of the accused

(b) on the accused to prove his innocence

(c) on both the parties(d) either (a) or (b).

151. Which of the following is true as to the standard of proof in criminal & civil proceedings

(a) in criminal proceedings the standard is beyond reasonable doubt an also in civil proceedings

(b) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is ‘upon the balance of probabilities’

(c) in criminal & civil proceedings both it is ‘upon the balance of probabilities’

(d) in criminal proceedings it is ‘upon the balance of probabilities’ while in civil ‘beyond reasonable doubt’.


(a) criminal trials(b) civil trials(c) both (a) & (b)(d) neither (a) nor (b).

153. In criminal trials, the onus is on the accused to prove that his case falls in

(a) any of the general exception(b) any of the special exception (c) any of the proviso to any

provision(d) all the above.

154. In criminal trials, it is bound to presume

(a) that the case of the accused falls in any of the general or special exceptions

(b) that the case of the accused falls in proviso to the provision under which he is charged

(c) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

(d) both (A) & (b) and not (c).

155. In criminal trials, the accused has to establish his plea mitigation or jurisdiction of an offence

(a) beyond reasonable doubt(b) prima facie(c) substantially(d) either (a) or (c).

156. Section 106 of Evidence Act is applicable

(a) to such matters of defence which are supposed to be especially within the knowledge of the defendant

(b) to such matters which are capable of being known to the persons other than the defendant


157. ‘Any person’ in section 106 of Evidence Act refers to

(a) a party to the suit (b) a stranger to the state(c) a person who is not a party to

the suit but interested in the outcome of the suit

(d) a witness(e) all the above.

158. The presumption of continuance of life is contained in

(a) section 106 of Evidence Act(b) section 107 of Evidence Act(c) section 108 of Evidence Act

(d) section 109 of Evidence Act.

159. Section 108 of Evidence Act relates to

(a) presumption of death(b) presumption of life(c) presumption of legitimacy(d) presumption of relationship.

160. For presumption under section 107 of Evidence Act, the person is to be shown to be alive

(a) within 7 years(b) within 12 years(c) within 3 years(d) within 30 years.

161. For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of

(a) 3 years(b) 7 years(c) 12 years(d) 30 years.

162. The presumption under section 109 of Evidence Act as to certain human relationship

(a) is obligatory and arises irrespective of the lapse of time

(b) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

(c) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts


163. The principle that possession is prima facie proof of ownership is contained in


164. The possession contemplated under section 110 of Evidence Act is

(a) juridical possession(b) symbolic possession (c) actual physical possession(d) all the above.

165. Section 110 of Evidence Act in its operation

(a) is limited to immoveable property

(b) is limited to moveable property

(c) is not limited to immoveable proper applies to moveable property as well

(d) is not limited to immoveable properly applies only to certain moveable properly.

166. Section 112 of Evidence Act provides for

(a) presumption of life

(b) presumption of marriage (c) presumption of death(d) presumption of legitimacy

167. Section 112 of Evidence Act contains

(a) a presumption of fact(b) a rebuttable presumption of

law(c) an irrebuttable presumption

of law(d) a mixed presumption of fact &

law.

168. Presumption under section 112 of Evidence Act is raised

(a) when a child is born during the continuance of valid marriage

(b) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

(c) in both (a) &(b)(d) in only (a) & not (b).

169. In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 112 of Evidence Act arises

(a) if the father is alive on the day the child is born

(b) if the father is not alive on the day the child is born

(c) irrespective of whether the father is alive or dead on the day the child is born

(d) either in (a) or (b).

170. Section 112 of Evidence Act applies when there is a dispute regarding

(a) maternity of a child(b) paternity of a child(c) both (a) & (b)(d) either (a) or (b).

171. the deciding factor under section 112 of Evidence Act is

(a) the date of birth of the child(b) the date of conception of the

child(c) the date of birth or the date

of conception depending on the facts & circumstances

(d) only (b) & not (a).

172. Section 114 of Evidence Act provides for certain

(a) presumption of facts(b) rebuttable presumption of

law(c) rebuttable presumption of

law(d) presumption of facts & law

both.

173. An accomplice is(a) not a competent witness

against an accused(b) a competent witness against

an accused

(c) cannot be a competent witness against an accused


174. Presumption(a) is an evidence(b) is a proof(c) shows on whom the burden

of proof lies(d) all the above.

175. Presumption as to abetment of suicide by a married woman has been provided

(a) under section 111A of Evidence Act

(b) under section 113A of Evidence Act

(c) under section 113B of Evidence Act

(d) under section 113 of Evidence Act

176. Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

(a) within 7 years of marriage(b) within 5 years of marriage(c) within 3 years of marriage(d) within 1 year of marriage.

177. Presumption as to dowry death is contained in

(a) section 111A of Evidence Act(b) section 113A of Evidence Act(c) section 113B of Evidence Act

(d) section 113 of Evidence Act.

178. Presumption under section 114 of Evidence act can be raised having regard to the common course of

(a) natural events(b) human conduct(c) public and private business(d) all of the above.

179. The doctrine of estoppels is contained in


180. The doctrine of estoppels is a(a) substantive law(b) rule of equity (c) rule of evidence (d) law of pleadings.

181. Estoppels are binding(a) upon litigating parties(b) upon privies of the litigating

parties(c) upon strangers to the lis(d) both (a) & (b) only.

182. Estoppel is a rule of(a) civil action(b) criminal action(c) both civil and criminal action(d) only (b) and not (a).

183. Estoppel can be

(a) by matter of record resulting from the judgment of a competent court

(b) by deed resulting from entering into a solemn engagement as to certain facts

(c) by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

(d) all the above.

184. The estoppels in section 115 of Evidence Act

(a) is an estoppels by record (b) is an estoppels by deed(c) is an estoppels by pais(d) all the above.

185. In which of the following there is no estoppels

(a) on a point of law(b) against a statue(c) attestation of a deed(d) all the above.

186. Estoppel can be(a) by silence(b) by negligence(c) by election(d) all the above.

187. Estoppel deals with(a) question of facts(b) question of right(c) both (a) & (b)

(d) neither (a) nor (b).

188. Estoppel(a) is a cause of action in itself(b) creates a cause of action(c) both (a) & (b) are correct(d) neither (a) nor (b) is correct.

189. Estoppel(a) should be specifically pleaded (b) need not be specifically

pleaded(c) may be specifically pleaded or

may not be specifically pleaded


190. Rule of estoppels of tenants and of licence of person in possession is contained in


191. Estoppel operates in case of tenant

(a) during the continuance of tenancy

(b) who remain in possession after the termination of tenancy by notice to quit

(c) both (a) and (b0(d) only (a) and not (b).

192. Under section 116 of Evidence Act, the tenant is estopped

(a) from denying the title to the property, of the landlord

(b) from denying the title to the property, of the actual owner

(c) both (a) & (b)(d) only & not (a).

193. A tenant or licencee under section 116 of Evidence Act is estopped from denying the title of landlord

(a) during the continuance of tenancy

(b) after the creation of tenancy or licence

(c) after the surrender of possession under tenancy or licence

(d) all the above.

194. Under section 118 who amongst the following are competent witnesses

(a) child (b) accused(c) lunatic(d) all the above.

195. A person is competent to testify

(a) if he understands the question put to him

(b) if he is able to give rational awareness to those questions

(c) if has both (a) & (b)(d) if has (a) only and not (b).

196. A dumb person is a competent witness as provided under

(a) section 118 of Evidence Act(b) section 119 of Evidence Act(c) section 120 of Evidence Act(d) section 121 of Evidence Act

197. Husband & wife both are competent witness for & against each other

(a) in civil proceedings(b) in criminal proceedings(c) in both civil & criminal

proceedings(d) neither in civil nor in criminal

proceedings.

198. Section 121 of Evidence Act provides for privilege in respect of

(a) husband & wife(b) judges & magistrates(c) affairs of the state(d) official communication

199. Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to

(a) questions which a witness cannot be compelled to answer

(b) question which a witness cannot be permitted to answer


200. Privilege under section 121 of Evidence Act is

(a) available to an arbitrator(b) not available to an arbitrator(c) may or may not be available

to an arbitrator(d) both (b) & (c) are correct.

201. Privilege in respect of husband & wife under section 122 of Evidence Act relates to

(a) question which a witness cannot be compelled to answer

(b) question which a witness cannot be permitted to answer


202. Admissibility of the evidence under section 122 of Evidence Act has to be adjudged

(a) in the light of the status on the date when the communication was made

(b) in the light of the status, on the date when the communication is sought to be tendered in court

(c) in the light of the status, on the date when the evidence is to be given in the court


203. A communication made to the spouse during marriage, under section 122 of Evidence Act

(a) remains privileged communication after the dissolution of marriage by divorce or death

(b) does not remain privileged after the dissolution of marriage by divorce or death

(c) does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death

(d) remains privileged after the dissolution of marriage by divorce but not so on after death

204. A document containing a communication from a husband to a wife or vice versa, in the hands of a third person

(a) is not admissible in evidence until consented to by the writer of the communication

(b) is not admissible in evidence at all

(c) is admissible in evidence(d) either (a) or (b).

205. A husband or wife are permitted to disclose any communication between them during marriage

(a) in civil proceedings between the parties

(b) in criminal proceedings between the parties

(c) in matrimonial proceedings between the parties

(d) all the above.206. Protection under section 122 of

Evidence Act is available to(a) a witness(b) husband & wife as a witness(c) both (a) & (b)(d) either (a) or (b).

207. Protection under section 122 of Evidence Act is

(a) confined to confidential communication and not applicable to general communication between the husband & wife

(b) not confined to confidential communications only but extends to communication of whatever nature

(c) confined to confidential communication and may be extended to communications of general nature

(d) only (c) and not (a) or (b).

208. Protection under section 122 of Evidence Act

(a) can be waived by the witness without the consent of the husband or wife

(b) can be waived by the witness with the consent of husband or wife, only

(c) cannot be waived by the witness under any circumstances


209. Communication in respect of the affairs of the state are privileged communication on the grounds of public policy


(b) under section 124 of Evidence

Act(c) under section 125 of Evidence

Act(d) under section 126 of Evidence

Act.

210. Documents in respect of which privilege has been provided under section 123 of Evidence Act

(a) is a published official record(b) is an unpublished official

record(c) both (a) & (b)(d) either (a) nor (b).

211. In deciding whether the document falls in the category of ‘unpublished official record’ the court

(a) has the jurisdiction to inspect the documents itself

(b) the court is banned from inspecting the document

(c) the court can compel the production of the document for inspection


212. Section 124 of Evidence Act provides for privileged in respect of

(a) professional communications(b) official communications(c) communications as to

information of commission of offence


213. For protection under section 124 of Evidence Act, the communication is to be made

(a) to a public officer in official confidence

(b) to a public officer as a routine matter

(c) to a public officer as an ordinary cause of his duties


214. The professional privilege under section 126 of Evidence Act is available in respect of communication made

(a) for the purposes of professional employment

(b) in the cause of employment(c) both (a) & (b)(d) neither (a) nor (b).

215. Legal advisor (a) can disclose the

communication after his clients death

(b) can disclose the communication after the

relation with his client has ended

(c) cannot disclose the communication even when the relation is ended or the client has died

(d) both (a) & (b) are correct.

216. The protection under section 126 of Evidence Act extends to

(a) communication made in furtherance of any illegal design

(b) any fact observed showing the communication of any offence or fraud committed since commence-ment of employment


217. An accomplice is a competent witness





218. An accomplice is a person(a) who participates in the

commission of the crime for which the accused has been charged

(b) who is a prefended confederate

(c) who is an informer(d) all the above(e) both (a) & (b).

219. testimony of an accomplice before it is accepted & acted upon

(a) must be corroborated from the testimony of another accomplice

(b) must be corroborated from an independent source

(c) need not be corroborated at all


220. Question as to admissibility of evidence

(a) should be decided as they rise(b) should be reserved until

judgment (c) may be decided as they arise

or may be reserved until judgment


221. Examination in chief of a witness

(a) shall be by the party calling the witness

(b) shall be by the adverse party(c) both (a) & (b)(d) either (a) or (b).

222. Re-examination of a witness

(a) shall be by the party calling the witness

(b) shall be by the adverse party(c) both (a) & (b)(d) either (a) or (b).

223. Re-examination of witness can be done

(a) after examination in chief but before cross examination

(b) after examination chief and after cross examination


224. Cross-examination of a witness(a) must relate to relevant facts

and to be confined to what the witness testified in examination in chief

(b) must relate to relevant facts but not be confined to what the witness testified in examination in chief

(c) may not relate to relevant facts but must relate to what the witness testified in examination in chief

(d) may not relate to relevant facts & may not be confined to what the witness testified in examination in chief.

225. Re-examination of a witness(a) can be for the purposes of

filling what is left-over in examination in chief

(b) can be for the purposes of explaining the matters referred to in cross-examination

(c) can be for the purposes of explaining the matters referred to in the examination in chief

(d) all the above.

226. After re-examination of a witness, the adverse party has a

(a) right to further cross-examine the witness afresh in general

(b) has no right to further cross examine the witness

(c) right to further cross-examine the witness only when a new matter is introduced in the re-examination


227. During re-examination of a witness

(a) a new matter can be introduced as a matter of right generally

(b) a new matter can be introduced only with the permission of the court

(c) no new matter can be introduced at all


228. A co-defendant in a case(a) cannot be cross-examined by

another co-defendant under any circumstance

(b) can be cross-examined by another co-defendant if their interests are identical

(c) can be cross-examined by another co-defendant when then interests adverse to each other

(d) can be cross-examined by another co-defendant as a matter of right

229. Leading questions can be asked during

(a) examination in chief(b) cross-examination(c) re-examination(d) all the above.

230. Court can permit leading questions during examination in chief or re-examination

(a) if they refer to the matters are introductory

(b) if they refer to the matters which are undisputed

(c) if they refer to the matter which are sufficiently proved

(d) if they refer to either (a) or (b) or (c).

231. A leading question has been defined as a question suggesting the answer which

the person putting it wishes or expects to receive, under


232. During examination in chief or re-examination

(a) leading questions cannot be asked under any circumstances

(b) leading questions on certain matters can be asked without the permission of the court, as a matter of right

(c) leading question on certain (d) only (a) and not (b) or (c).

233. Under section 145 of Evidence Act, a witness may be cross-examined as to previous statement in writing

(a) without proving the same and without showing the same to the witness

(b) only after proving the same, may be without showing the same to the witness

(c) without proving the same but only after showing the same to the witness

(d) only after proving the same & showing the same to the witness.

234. Under section 145 of Evidence Act, a witness may be

contradicted as to previous statement in writing

(a) without proving the same and without showing the same to the witness

(b) without proving the same but only after showing the same to the witness

(c) after proving the same may be before showing the same to the witness

(d) after proving the same & showing the same to the witness.

235. Objections as to the admissibility of a document in evidence

(a) can be made at any state during the trial

(b) can be made at the first opportunity when the document is tendered in evidence

(c) can be raised for the first time in appeal

(d) all the above.

236. A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided





237. Section 162 of Cr PC(a) controls section 157 of

Evidence Act(b) controls section 156 of

Evidence Act(c) both (a) & (b)(d) neither (a) nor (b).

238. Court questions can be put by virtue of


239. Court question under section 165 of Evidence Act can be put to

(a) any witness(b) any party(c) both (a) & (b)(d) neither (a) nor (b).

240. To an answer to a court question, the adverse party

(a) has a right to cross-examination as a matter of right

(b) has a right to cross-examine only with the permission of the court

(c) has not right to cross-examine the witness


241. The right to cross-examine on an answer to court question is available

(a) to the adverse party only(b) to the party calling the

witness only(c) to either of the parties if the

answer is adverse to either of the parties

(d) only (a) and not (b).

242. Under section 41 of Evidence Act the presumption is with respect to

(a) judgments in rem when they are inter-parties

(b) judgment in rem whether such judgments are inter-parties or not

(c) judgments in personam(d) all the above.

243. The presumption under section 41 of Evidence Act is a

(a) presumption of fact(b) rebuttable presumption of


law(d) presumption of fact & law.

244. Delhi High Court issued guidelines for the protection of witness in

(a) Neelam Katara case (2003)(b) Naina Sahni case (2007)(c) Uphar Cinema case (2005)(d) Parliament attack case (2006).

245. Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because

(a) of summary nature of inquiry(b) contempt matters are

governed by special Acts(c) contempt of courts does not

require enquiry and the investigation

(d) contempt proceedings are tried in higher judiciary.

246. Where there are three different dying declarations, Higher Court is

(a) not to uphold the conviction awarded by lower

(b) to uphold the conviction awarded by lower court

(c) to go through the circumstantial evidence to uphold the conviction awarded by lower court

(d) to rely upon the versions of witnesses to uphold the conviction awarded by lower court.

247. Zahira Sheikh was prime witness in

(a) Best Bakery case (2004)(b) Best Bakery retrial case (2006)

(c) Sukh Ram disproportionate assets case (2005)

(d) Gujjar killings case(2003).

248. “Relationship is not a factor to affect credibility of a witness” held by the Supreme Court in

(a) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716

(b) Syed Ibrahim v. State of Andhra Pradesh, AIR 204 SC 2596

(c) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056

(d) Minu Kumari v. State of Bihar, AIR 2006 SC 130

249. In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made

(a) Surendra Prasad Tiwari v. Stat of Uttar Pradesh, AIR 2005 SC 125

(b) Syed Ibrahim v. State of Andhra Pradesh, AIR 2006 SC 2908

(c) Rajinder v. State of Haryana, AIR 2006 SC 21

(d) Jagdish Murav v. State of Uttar Pradesh, AIR 2007 SC 35

250. Dying declaration can be sole basis of conviction if it inspires

full confidence of the court. The court should be satisfied

(a) that deceased was in a fit state of mind at the time of making the statement

(b) that it was not the result of tutoring, prompting or product of imagination

(c) that deceased was not in a fit state of mind at the time of making the statement

(d) both (a) & (b).

251. Examination of witnesses in criminal cases through video conferencing is

(a) permissible (b) impermissible (c) permissible at the option of

the witness(d) permissible at the option of

the accused.

252. Which confession needs a closer scrutiny

(a) confession made to officers under NDPS Act

(b) confession made to private citizens

(c) confession made to official who do not have investigation powers under NDPS Act

(d) when confessional statement found voluntary and free from pressure

253. For taking the dying declaration from the deceased, the presence of Magistrate is

(a) mandatory (b) not mandatory(c) required at the request of the

police(d) required at the request of the

relative of the deceased

254. The evidence unearthed by the sniffer dog falls under

(a) oral evidence (b) documentary evidence(c) hearsay evidence (d) scientific evidence

255. It is a well-settled law that the rule of prudence requires that the evidence of an accomplice should ordinarily be corroborated by some other evidence. It was held by Supreme Court in

(a) Francis Stanly v. Intelligence Officer, AIR 2007 SC 794

(b) Youaraj Raj v. Chander Bahadur Karki, AIR 2007 SC 561

(c) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663

(d) Babul v. of Rajasthan, AIR 2006 SC 115

256. The possession or ownership of property of the grandfather of defendant on the basis of documents 30 years old can

(a) be proved (b) not to be proved(c) be proved at the option of

plaintiff(d) be proved at the option of

defendant

257. An accused can be convicted on the basis only if is made before

(a) a credible person(b) a police officer(c) a Magistrate(d) none of these.

258. Falsus in uno, falsus in omni bus is

(a) a rule of evidence (b) a rule of criminal law(c) a rule of evidence in criminal

trial(d) not a rule of evidence in

criminal trial.

259. Photostat copy of family settlement is allowed to be produced before court as

(a) primary evidence(b) secondary evidence(c) electronic evidence (d) original evidence.

260. A judgment in an election petition is not one of the judgments specifically recognized by

(a) section 41 of the Evidence Act(b) section 42 of the Evidence Act

(c) section 56 of the Evidence Act(d) section 57 of the Evidence

Act.

261. Which section of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2005

(a) section 154 (b) section 118(c) section 32(d) section 90A

262. What essential change was made in section 154 of the Indian Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005?

(a) two statements sought to be contradicted in addition should be drawn to previous statement

(b) the party is entitled to rely on any part of the evidence of the witness to whom he has called to put any question to him, which might be put in cross-examination by the adverse party

(c) corroborating a witness by questioning him on surrounding circumstances

(d) former statement of witness may be proved to corroborate later testimony as to same fact.

263. A confession to be inadmissible under section 25 of the Evidence Act

(a) must relate to the same crime for which offender is charged

(b) may relate to the same crime for which offender is charged

(c) must relate to another crime(d) none of the above.

264. The provision “hostile witness” is provided under section…..of Indian Evidence Act

(a) section 155(b) section 133(c) section 154(d) section 145.

265. In which of the following cases Supreme Court held that “Test identification parade is only an aid to investigation. The practice is not born out of prudence”?

(a) Siddharth Vahist @ Manu Sharma v. State (NCT of Delhi), AIR 2010 SC 2325

(b) Shivaji v. Nagendra, AIR 2010 SC 2261

(c) S. Jaiswal v. Alok, AIR 2010 (NOC) 805

(d) Sujata v. S.K. Behera, AIR 2010 (NOC) 812.

ANSWERS

THE INDIAN EVIDENCE ACT, 1872

1. (b) 39. (c) 77. (a) 115. (b) 153. (d) 191. (c) 229.(b)

2. (b) 40. (c) 78. (c) 116. (d) 154. (c) 192. (a) 230.(d)

3. (c) 41. (b) 79. (c) 117. (b) 155. (b) 193. (a) 231.(b)

4. (c) 42. (a) 80. (a) 118. (b) 156. (a) 194. (d) 232.(c)

5. (a) 43. (b) 81. (d) 119. (c) 157. (a) 195. (c) 233.(a)

6. (d) 44. (a) 82. (b) 120. (b) 158. (b) 196. (b) 234.(b)

7. (c) 45. (a) 83. (c) 121. (d) 159. (a) 197. (c) 235.(b)

8. (b) 46. (c) 84. (a) 122. (a) 160. (d) 198. (b) 236.(c)

9. (b) 47. (c) 85. (a) 123. (a) 161. (b) 199. (d) 237.(a)

10. (c) 48. (a) 86. (c) 124. (c) 162. (a) 200. (a) 238.(b)

11. (c) 49. (c) 87. (b) 125. (c) 163. (b) 201. (c) 239.(c)

12. (b) 50. (b) 88. (c) 126. (a) 164. (c) 202. (a) 240.(b)

13. (c) 51. (d) 89. (d) 127. (a) 165. (c) 203. (a) 241.(c)

14. (d) 52. (d) 90. (b) 128. (a) 166. (d) 204. (c) 242.(b)

15. (b) 53. (c) 91. (c) 129. (d) 167. (c) 205. (d) 243.(c)

16. (b) 54. (d) 92. (b) 130. (c) 168. (c) 206. (b) 244.(a)

17. (c) 55. (c) 93. (c) 131. (b) 169. (c) 207. (b) 245.(a)

18. (b) 56. (c) 94. (d) 132. (d) 170. (b) 208. (a) 246.(a)

19. (a) 57. (b) 95. (a) 133. (a) 171. (a) 209. (a) 247.(b)

20. (a) 58. (a) 96. (b) 134. (d) 172. (a) 210. (b) 248.(a)

21. (b) 59. (d) 97. (b) 135. (a) 173. (b) 211. (b) 249.(b)

22. (d) 60. (b) 98. (c) 136. (b) 174. (c) 212. (b) 250.(d)

23. (b) 61. (c) 99. (b) 137. (a) 175. (b) 213. (a) 251.(a)

24. (c) 62. (d) 100. (a) 138. (a) 176. (a) 214. (c) 252.(a)

25. (b) 63. (c) 101. (b) 139. (c) 177. (c) 215. (c) 253.(b)

26. (c) 64. (b) 102. (c) 140. (a) 178. (d) 216. (d) 254.(d)

27. (d) 65. (c) 103. (c) 141. (b) 179. (a) 217. (c) 255.(a)

28. (c) 66. (d) 104. (a) 142. (a) 180. (c) 218. (a) 256.(a)

29. (b) 67. (a) 105. (c) 143. (a) 181. (d) 219. (b) 257.(a)

30. (c) 68. (c) 106. (b) 144. (c) 182. (a) 220. (a) 258.(d)

31. (a) 69. (b) 107. (a) 145. (c) 183. (d) 221. (a) 259.(b)

32. (c) 70. (b) 108. (b) 146. (a) 184. (c) 222. (a) 260.(a)

33. (c) 71. (a) 109. (a) 147. (a) 185. (c) 223. (b) 261.(a)

34. (d) 72. (c) 110. (d) 148. (d) 186. (d) 224. (b) 262.(b)

35. (d) 73. (a) 111. (c) 149. (c) 187. (a) 225. (b) 263.(b)

36. (c) 74. (a) 112. (c) 150. (a) 188. (d) 226. (c) 264.(c)

37. (b) 75. (b) 113. (a) 151. (b) 189. (a) 227. (b) 265.(a)

38. (d) 76. (d) 114. (c) 152. (a) 190. (a) 228. (c)

COURSE – I

“CIVIL PROCEDURE CODE & LIMITATION LAW”

(CODE: K-303)

Unit I: Preliminary, Definitions, Suits of Civil nature, Principles of resjudicate and resubjudice, Foreign Judgement, Place of Suing.

Unit I: Parties of suit, Frame of suit, pleading. Plaint, Written statement, set-off, Counter Claim, Suits by indigent persons, Suits in Particular cases.

Unit III: Summons and Discovery Issues of Summons, Appearance of parties, Summoning and Attendance of witness, Execution of Decress.

Unit IV: Incidental proceedings: Commission, Letter of request, Supplemental proceedings: Arrest and Attachment before judgement, temporary injunction, Interlocutory orders, Receiver Appeals, References, Review, Revision, Restitution, Caveat, Inherent power of court.

Unit V: Limitation of suits, appeals and applications, Period of Limitation continuous running of time, Effect of sufficient cause for not preferring appeals or making applications within the period of limitation, Legal disability, Computation of period of Limitation and Exclusion of time in legal proceedings, effect of Death, Fraud. Acknowledgement in writing acquisition of ownership by possession.

Multiple choice questions

On

The code of civil procedure, 1908

1. Under the provisions of Civil Procedure Code plea of adverse possession is a defence available(a) only to plaintiff against

defendant(b) only to defendant against

plaintiff(c) both plaintiff and defendant(d) only to movable property.

2. The reappreciation of evidence in second appeal(a) is subject to review(b) is permissible(c) is not permissible(d) is an admitted fact.

3. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to(a) give more power to Civil Courts(b) reduce the power of Civil Courts(c) cut short delay in disposal of suit(d) make provisions stringent.

4. Preliminary decree can be passed in a suit(a) for partition(b) of partnership(c) for possession and mesne

profits(d) all the above.

5. Preliminary decree is one(a) which determines the rights of

the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit

(b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit


6. A decree becomes final(a) when it conclusively determines

the rights of the parties(b) when no appeal has been

preferred against the decree(c) both (a) & (b)(d) neither (a) nor (b).

7. Which of the following is not a decree(a) dismissal in default(b) rejection of a plaint(c) both (a) & (b)(d) neither (a) nor (b).

8. Order has been defined as a expression of any decision of a civil which is not a decree, under(a) section 2(1) of CPC(b) section 2(14) of CPC(c) section 2(9) of CPC(d) section 2(16) of CPC.

9. A decree holder has been defined as a per in whose favour a decree has been passed an order capable of execution has been made under(a) section 2(30 of CPC(b) section 2(13) of CPC(c) section 2(4) of CPC(d) section 2(16) of CPC.

10. A decree holder(a) need not be a party to the suit(b) the term is not confined to

plaintiff(c) both (a) & (b) (d) neither (a) nor (b).

11. Foreign court under section 2(5) of CPC means(a) a court situated outside India(b) a court situated outside India

and not established under the authority of Government of India

(c) a court situated in India applying foreign law

(d) all the above.

12. Judgment under section 2(9) means(a) a decree

(b) dismissal of an appeal summarily

(c) statement of grounds of an order or decree

(d) all the above.

13. Legal representative under section 2(11) of CPC means a person who is a(a) Relative of parties to the suit(b) co-sharer of the benefits

assuming to the parties to the suit

(c) in law represents the estate of the decreased

(d) all the above.

14. A lies leaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his death cab be continued by(a) ‘X’ alone as legal representative (b) ‘y’ alone as legal representative (c) ‘X’, ‘Y’ and the husband of Y as

legal representatives(d) ‘X’ and ‘Y’ both, as legal

representatives.

15. A judgment contains(a) concise statement of the case(b) the points for determination(c) the decision on the points o

determinations & the reason thereof

(d) all the above.

16. Who amongst the following is not a legal representative

(a) a trespasser(b) an intermeddler(c) a creditor (d) both (a) & (c).

17. ‘Mesne profits’ as defined under section 2(12) means(a) those profits which the person

in wrongful possession of such property actually received or might have received together with interest

(b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person

(c) those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits

(d) those profits which the person in wrongful possession of such property actually received.

18. Foreign judgment as defined under section 2(6) of CPC means(a) judgment given by an Indian

Court in respect of foreigners(b) judgment given by a foreign

court(c) both (a) & (b)(d) neither (a) nor (b).

19. Who amongst the following is not a ‘public officer’ within the meaning of section 2(170 of CPC

(a) a Judge(b) a person in service under the

pay of Government(c) Sarpanch of a Gram Panchayat(d) none of the above.

20. Basis of distribution of the jurisdiction of Indian Courts is(a) pecuniary jurisdiction(b) territorial jurisdiction(c) subject-matter jurisdiction(d) all the above.

21. Court of small causes, under section 3 of CPC is subordinate to(a) District Court(b) High Court(c) both (a) & (b)(d) neither (a) nor (b).

22. Pecuniary jurisdiction of the court has been dealt with in(a) section 3 of CPC(b) section 4 of CPC(c) section 5 of CPC(d) section 6 of CPC.

23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of(a) section 8 of CPC(b) section 9 of CPC(c) section 10 of CPC(d) section 11 of CPC.

24. Which of the following is a right of civil nature(a) right to worship in a temple(b) right to share in offerings in a

temple(c) right to take out procession(d) all the above.

25. Which of the following is not a right of civil nature(a) caste & religion (b) right to services which are

honorary and gratuitous (c) brij jijmam rights(d) both (a) & (b).

26. Jurisdiction of civil court can be barred(a) expressly only(b) impliedly only(c) either expressly or impliedly(d) neither expressly nor impliedly.

27. Principle of res-subjudice is contained in(a) section 10 of CPC(b) section 11 of CPC(c) section 13 of CPC(d) section 14 of CPC.

28. Dhulabhai etc. V. State of madhya pradesh and another, air 1969 sc 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

(a) where a statue give a linality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit

(b) where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court

(c) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final


29. Under section 10 of CPC, a suit is liable to be(a) stayed (b) dismissed(c) rejected(d) either (a) or (b) or (c).

30. For the application of the principle of res-subjudice, which of the following is essential(a) suits between the same parties

or litigating under the same title

(b) the two suits must be pending disposal in a court

(c) the matters in issue in the two suits must be directly and substantially the same

(d) all the above.

31. Section 10 of CPC does not apply(a) when the previous suit is

pending in the same court(b) when the previous suit is

pending in a foreign court(c) when the previous suit is

pending in any other court in India

(d) when the previous suit is pending in a court outside India established or contained by the Central Government.

32. Under the principle of res-subjudice(a) the second suit has to be stayed(b) the previous suit has to be

stayed(c) either (a) or (b) depending on

the facts & circumstances of the case

(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.

33. Provisions of section 10 of CPC are(a) directory(b) mandatory(c) non mandatory(d) discretionary.

34. Section 10 can come into operation

(a) before filing of written statement in the subsequent suit

(b) before settlement of issues in subsequent suit

(c) after settlement of issues in subsequent suit

(d) all the above.

35. 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 (a) & (b)(d) either (a) or (b).

36. Principle of res-judicata applies(a) between co-defendants(b) between co-plaintiffs(c) both (a) & (b)(d) neither (a) nor (b).

37. Which of the following is not true of res-judicata (a) it can be invoked in a separate

subsequent proceedings(b) it can be invoked at a

subsequent stage in the same proceedings

(c) it can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings

(d) both 9a) & (c).

38. As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by(a) Spences Bower(b) Lord Denning(c) Salmond(d) Black Stone.

39. Res-judicata applies(a) when the matter in former suit

is directly & substantially in issue

(b) when the matter in former suit is collaterally & incidentally in issue

(c) both 9a) & (b)(d) neither (a) nor (b).

40. Res-judicata applies(a) when the matter is directly &

substantially in issue in two suits and should have been decided on merits

(b) when the prosecution is between the same parties or persons claiming under them and litigating under the same title

(c) when the court which determined the earlier suit is competent to try the

subsequent suit wherein the issue is subsequently raised

(d) when all (a), (b) & (c) combine.

41. Plea of res-judicata(a) has to be specifically raised(b) need not be specifically raised(c) is for the court to see of its own(d) neither (a) nor (b) but only (c).

42. Constructive res-judicata is contained in(a) explanation III to section 11(b) explanation IV to section 11(c) explanation VI to section 11(d) explanation VII to section 11.

43. Principle of res-judicata applies(a) to suits only(b) to execution proceedings(c) to arbitration proceedings(d) to suits as well as execution

proceedings.

44. A decision on issue of law(a) shall always operate as res-

judicata(b) shall never operate as res-

judicata(c) may or may not operate as res-

judicata(d) either (a) or (b).

45. A decision on an issue of law operates as res-judicata(a) if the cause of action in the

subsequent suit is the same as in the former suit, only when the

decision on the point of law is correct

(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous

(c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct

(d) all the above.

46. A decision in a suit may operate as res-judicata against persons not expressly named as parties to the suit by virtue of explanation(a) II to section 11 of CPC(b) IV to section 11 of CPC(c) VI to section 11 of CPC(d) VII to section 11 of CPC.

47. Res-judicata does not operate(a) between co-defendants(b) between co-plaintiffs(c) against a per-forma defendant(d) none of the above

48. In which of the following cases res-judicata is not applicable (a) consent/compromise decrees(b) dismissal in default(c) both (a) & (b)](d) neither (a) nor (b).

49. Principle of res-judicata is(a) mandatory

(b) directory(c) discretionary(d) all the above.

50. With respect to the principle of res-judicata which of the following is not correct(a) ex-parte decree will operate as

res-judicata(b) writ petition dismissed on merits

operates as res-judicata(c) writ petition dismissed in limine

operates as res-judicata(d) both (a) & (c).

51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be(a) stayed (b) dismissed(c) may be stayed & may be

dismissed(d) both (a) & (c).

52. A decision or finding given by court or a tribunal without jurisdiction(a) can operate as res-judicata

under all circumstances(b) cannot operate as res-judicata(c) can operate as res-judicata

under certain circumstances only

(d) may operate as res-judicata or may not-operate as res-judicata.

53. On production of a certified copy of the foreign judgment, the presumption as to the competency

of the court, under section 14 of CPC is a(a) presumption of fact(b) presumption of fact & law both(c) rebuttable presumption of law(d) irrebuttable presumption of law.

54. Validity of a foreign judgment can be challenged under section 13 of CPC(a) in a civil court only(b) in a criminal court only(c) in both civil and criminal court(d) neither in civil nor in criminal

court.

55. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of(a) competency of the court

pronouncing the judgment(b) being obtained by fraud(c) sustaining a claim founded on a

breach of law in force in India(d) all the above.

56. How many grounds of attack the foreign judgment have been provided under section 13 of CPC(a) seven(b) six(c) five(d) four.

57. On the ground of jurisdiction, under section 13 of CPC(a) only a judgment in personam

can be challenged

(b) only a judgment in rem can be challenged

(c) both judgment in personam and judgment in rem, can be challenged

(d) neither a judgment in personam nor judgment in rem can be challenged.

58. A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him(a) can always challenge the

judgment on the ground of competency

(b) can never challenge the judgment on the ground of competency

(c) can challenge the judgment on the ground of competency under certain circumstances


59. Under section 15 of CPC, every suit shall be instituted in(a) the district court(b) the court of the lowest grade(c) the court of higher grade(d) all the above.

60. Section 15 of CPC lays down(a) a rule of procedure(b) a rule of jurisdiction(c) a rule of evidence(d) all the above.

61. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction(a) the property is situate(b) the defendant voluntarily

resides or personally works for gain

(c) the defendant voluntarily resides or carries on business


62. Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction(a) the property is situate(b) the defendant voluntarily

resides or carries on business(c) the defendant voluntarily

resides or personally works for gain

(d) all the above.

63. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided(a) under section 17 of CPC(b) under section 18 of CPC(c) under section 19 of CPC(d) under section 20 of CPC.

64. Section 18 of CPC provides for

(a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one court

(b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court

(c) place of institution of suit in respect of immoveable property where the local limits of jurisdiction of courts are uncertain

(d) all the above.

65. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with(a) under section 18 of CPC(b) under section 19 of CPC(c) under section 20 of CPC(d) under section 21 of CPC.

66. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of an other court(a) can be instituted in the court

within whose local jurisdiction the wrong has been committed

(b) can be instituted in the court within whose local jurisdiction the defendant resides

(c) either (a) or (b) at the option of the plaintiff

(d) anywhere in India.

67. ‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue ‘X’ at(a) Delhi(b) Calcutta(c) anywhere in India(d) either in Delhi or in Calcutta.

68. Suits under section 20 of CPC can be instituted where the cause of action arises(a) wholly(b) partly(c) either wholly or in part(d) only (a) and not (b) or (c).

69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction(a) each of the defendant at the

time of commencement of the suit, actually & voluntarily resides or carries on business or personally works for gain

(b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce

(c) both (a) & (b) are correct(d) only (a) & not (b).

70. A suit for damages for breach of contract can be filed, at a place(a) where the contract was made(b) where the contract was to be

performed or breach occurred(c) anywhere in India(d) both (a) and (b).

71. A suit relating to partnership may be instituted at a place(a) where the partnership was

constituted(b) where the partnership business

was carried on(c) where partnership business was

carried on(d) where partnership accounts are

maintained(e) all the above.

72. A suit relating to partnership dissolved in a foreign country can be filed at a place(a) in foreign country(b) where the parties to the suit

reside in India(c) both (a) & (b)(d) all over the India.

73. Objection as to the place of suiting(a) can only be taken before the

court of first instance at the earliest possible opportunity

(b) can be taken before the appellate court for the first time

(c) can be taken before the court of revision for the first time

(d) all the above.

74. Section 21 of CPC cures (a) want of subject-matter

jurisdiction(b) want of pecuniary jurisdiction (c) want of territorial jurisdiction(d) both (b) and (c).

75. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred(a) under section 21 of CPC(b) under section 21A of CPC(c) under section 22 of CPC(d) under section 23 of CPC.

76. Parties by their consent/agreement (a) can confer jurisdiction on a

court, where there is none in law

(b) can oust the jurisdiction of the court where there is one in law

(c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law

(d) all the above.

77. Section 20 of CPC does not apply to(a) arbitration proceedings(b) civil proceedings(c) both (a) & (b)(d) neither (a) nor (b).

78. Agreement between the parties to institute the suit relating to disputes in a particular court(a) does not oust the jurisdiction of

other courts

(b) may operate as estoppels between the parties


79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by(a) lex loci contractors(b) lex loci solutions(c) les situs(d) rule of freedom of choice i.e.,

intention of the parties

80. A corporation, under section 20 of CPC, is deemed to carry on business at(a) its principal office in India(b) its subordinate office in India(c) both (a) & (b)(d) either (a) or (b).

81. In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business(a) the principal office in India(b) its subordinate officer where the

cause of action did arise(c) both (a) & (b)(d) either (a) or (b).

82. In every plaint, under section 26 of CPC, facts should be proved by(a) oral evidence(b) affidavit

(c) document(d) oral evidence as well as

document.

83. According to section 27 of CPC summons to the defendant to be served on such date not beyond(a) 30 days from the date of

institution of suits(b) 60 days from the date of

institution of suits(c) 45 days from the date of

institution of suits(d) 90 days from the date of

institution of suits

84. The court may impose a fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed(a) Rs. 500(b) Rs.1,000(c) Rs. 5,000(d) Rs. 10,000.

85. Under section 39(4) of CPC, the court passing the decree is(a) authorised to execute such

decree against any person outside local limits of its jurisdiction

(b) authorised to execute such decree against any property outside the local limits of its jurisdiction

(c) either (a) or (b)

(d) neither (a) or (b).

86. A private transfer or delivery of the property attached under section 64(2) shall not be void if(a) made in persuance of any

contract for such transfer or delivery entered into and registered before the attachment

(b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment

(c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment


87. The court under section 89(1) of CPC refer the dispute for(a) arbitration or conciliation(b) conciliation or mediation(c) mediation or Lok Adalat (d) arbitration or conciliation or Lok

Adalat mediation.

88. The court can award compensation against plaintiff under section 95 of CPC, in exceeding(a) Rs. 10,000 or the limits of its

pecuniary jurisdiction whichever is les

(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more

(c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction

(d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.

89. Under section 100A of the CPC, where any appeal from an original or appellate decree on order is heard and decided by a single judge of a High Court(a) no further appeal shall lie from

the judgment and decree of such single judge

(b) further appeal shall lie under the Letters Patent for the High Court

(c) further appeal shall lie with the leave of the Supreme Court

(d) further appeal shall lie before the Division Bench of the High Court.

90. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matters of thee original suit is for recovery of money not exceeding(a) Rs. 10,000(b) Rs. 25,000(c) Rs. 50,000(d) Rs. 1,00,000.

91. A revision under section 115 shall not operate as a stay of suit or other proceeding before the court

except where such suit or other proceeding is stayed by(a) the High Court(b) the Supreme Court(c) the Appellate Court(d) District and Sessions Court.

92. The court can enlarge the time under section 148 of CPC for doing any act prescribed or allowed under the Code of Civil Procedure, not exceeding in total(a) 90 days(b) 60 days(c) 45 days(d) 30 days.

93. Under Order IV, Rule I, sub-rule (1) of CPC, a suit is instituted when(a) a plaint is presented to the court(b) a plaint in duplicate is presented

to the court(c) a plaint in triplicate is presented

to the court(d) either (a) or (b) or (c).

94. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the written statement(a) within 60 days from the date of

service of summons(b) within 45 days from the date of

service of summons(c) within 30 days from the date of

service of summons(d) within 90 days from the date of

service of summons.

95. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing(a) within 90 days from the date of

service of summons(b) within 120 days from the date of

service of summons(c) within 60 days from the date of

service summons(d) within 45 days from the date of

service summons.

96. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as(a) approved by the defendant(b) approved by the court(c) approved by the plaintiff(d) either (a) or (b) or (c).

97. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to(a) issue a warrant for his arrest(b) attach and sell his property(c) impose a fine not exceeding Rs.

5,000(d) either (a) or (b) or (c).

98. Under Order VI, Rule 17 at any stage of proceedings the court can

allow to alter or amend pleadings to(a) either party(b) to plaintiff only(c) to defendant only(d) to only one defendant if there

are more than one defendant

99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(30 of CPC, by(a) the plaintiff(b) the court(c) the defendant(d) partly by the plaintiff and partly

by the defendant.

100. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in

(a) triplicate(b) duplicate(c) quardruplicate(d) only (c) and not (a) or (b).

101. If a document, which ought to be produced in the court alongwith the pleadings, is not produced, under Order VII, Rule 14(3) of CPC, at the hearing of the suit

(a) the same shall not be received in evidence on behalf of the plaintiff

(b) the same shall not be received in evidence on behalf of the defendant

(c) the same shall not be received in evidence on behalf of either party

(d) the same shall not be received in evidence on behalf of a third party.

102. Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence within

(a) 90 days from the date of service of summons

(b) 60 days from the date of service of summons

(c) 30 days from the date of service of summons

(d) 10 days from the date of service of summons.

103. The provisions of Order VIII, Rule 1 of CPC are

(a) directory being procedural(b) mandatory though procedural(c) optional under all circumstances(d) discretionary under all

circumstances.

104. The time schedule contained in Order VIII, Rule 1 of CPC is to be

(a) followed as a rule and departure therefrom shall also be a rule

(b) followed as a rule and departure therefrom would be an exception

(c) followed as a rule and there is no scope for any departure therefrom

(d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the time.

105. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be

(a) granted just as a matter of routine

(b) granted ordinarily(c) granted on sufficient cause being

shown by the defendant (d) granted only for exceptional

circumstances occasioned by reasons beyond the control of the defendant.

106. A prayer for extension of time beyond the period of 90 days for filing the written statement

(a) can be oral (b) has to be in writing(c) can be either oral or in writing(d) Neither (a) nor (b), as the time

cannot be extended beyond 90 days.

107. For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit

(a) in which such decree as passed (b) to which such decree has been

transferred from other court(c) such decree was pending(d) none of the above.

108. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in

(a) section 73 of CPC(b) section 74 of CPC(c) section 75 of CPC(d) section 76 of CPC.

109. Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State

(a) stand on equal footing with all other debts

(b) are to be paid only after payment of all other debts

(c) are entitled to priority over all other debts


110. A plaint can be rejected(a) under Order VII, Rule 10 of CPC(b) under Order VII, Rule 10A of CPC(c) under Order VII, Rule 11 of CPC(d) all the above.

111. The power under Order VII, Rule 11 of CPC can be exercised

(a) before registering the plaint(b) after issuance of summon to the

defendant (c) at any stage before the

conclusion of trial(d) either (a) or (b) or (c).

112. For an application under Order VII, Rule 11

(a) the averments in the plaint are germane and the plea taken by the defendant in the written statement are wholly irrelevant

(b) the averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered

(c) the averments in the plaint are germane and the pleas taken by the defendant in the written statement may also be considered


113. Under Order VII, Rule 11 of CPC(a) party only of the plaint can be

rejected(b) whole of the plaint is to be

rejected (c) party only of the plaint or the

whole plaint can be rejected (d) it is the discretion of the court to

reject the plaint in part.

114. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

(a) returned(b) rejected(c) may be returned or may be

rejected(d) only (b) & not (a).

115. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on

the same cause of action under Order VII, Rule 13 of CPC

(a) is barred under all circumstances(b) is not barred at all(c) can be filed with the leave of the

court(d) either (b) or (c).

116. Several persons can be joined as plaintiffs, in cases

(a) where right arises out of the same act, in favour of such person

(b) where any common question of law is involved


117. Several persons can be joined as defendants in cases

(a) where right arises out of the same act against such persons

(b) where any common question of law is involved


118. Resources in a suit results due to(a) misjoinder of parties(b) misjoinder of cause of action(c) misjoinder of parties and

misjoinder of cause of action(d) either misjoinder of parties or

misjoinder of cause of action.

119. Where a person who is a necessary party to the suit has not been

joined as a party to the suit it is a case of

(a) non-joinder(b) mis-joinder(c) both (a) & (b)(d) neither (a) nor (b).

120. On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is

(a) liable to be dismissed(b) cannot be dismissed(c) may be dismissed or may not be

dismissed as per the discretion of the court


121. Objection as to the non-joinder or mis-joinder of parties under Order I, Rule 13 of CPC

(a) can be taken at any stage of the proceedings

(b) can be taken at the earliest possible opportunity

(c) can be taken in appeal or revision for the first time


122. A suit is bad for non-joinder of a necessary party, as provided

(a) under Order I, Rule 10 of CPC(b) under Order I, Rule 9 of CPC(c) under Order I, Rule 10A of CPC(d) under Order I, Rule 11 of CPC.

123. A suit in representative capacity can be filed by virtue of

(a) under Order I, Rule 8 of CPC

(b) under Order I, Rule 9 of CPC(c) under Order I, Rule 8A of CPC(d) under Order I, Rule 10A of CPC.

124. A suit filed in representative capacity can be withdrawn, compromise & abandoned etc. by the plaintiff

(a) without notice to all the persons interested

(b) after notice to all the person interested


125. A person can be made a party in the suit either as a plaintiff or a defendant

(a) under Order I, Rule 8A of CPC(b) under Order I, Rule 10 of CPC(c) under Order X, Rule 1 of CPC(d) under Order X, Rule 8 of CPC.

126. The word ‘acts’ in Order III, Rules 1 & 2 of CPC

(a) is confined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not include deposing in place and in stead of the principal

(b) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal

(c) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument but includes appearance as a witness on behalf of the party in the capacity of that party

(d) is confined only to deposing in place and in stead of the principal.

127. A necessary party is one in whose(a) absence no order can be made

effectively(b) absence an order can be made

but whose presence is necessary for the complete decision of the case

(c) both (a) & (b)(d) absence an order can be made

and whose presence is not necessary for the complete decision of the case.

128. In a suit, the list of witnesses has to be filed by the parties

(a) before settlement of issues(b) after settlement of issues(c) at any time(d) all the above.

129. When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be

(a) rejected under Order VII, Rule 11 of CPC

(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC


130. Court can direct the parties to opt for any one mode of alternative dispute resolution under

(a) Order X, Rule 1A of CPC(b) Order X, Rule 1B of CPC(c) Order XI, Rule 1 of CPC(d) Order XI, Rule 2 of CPC.

131. Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under

(a) Order X, Rule 1B of CPC(b) Order X, Rule 1C of CPC(c) Order X, Rule 3 of CPC(d) Order X, rule 4 of CPC.

132. Where an application for leave to deliver interrogatories has been moved alongwith the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of CPC within

(a) 15 days from the date of submission of application

(b) 10 days from the date of submission of application

(c) 7 days from the date of submission of application

(d) no time prescribed for the purpose

133. List of witness, after settlement of issues, must be filed within

(a) 15 days(b) 30 days(c) 45 days(d) 60 days.

134. Where a witness fails to appear before the court, without any reasonable ground, under Order XVI, Rule 12 of CPC, such a witness can be penalized to the extent of

(a) Rs. 100(b) Rs. 200(c) Rs. 500(d) Rs. 1000.

135. If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

(a) Order II, Rule 2 of CPC(b) Order II, Rule 3 of CPC(c) Order II, Rule 4 of CPC(d) Order II, Rule 5 of CPC.

136. Order II, Rule 2 of CPC does not apply to

(a) application for execution(b) writ petitions(c) both (a) & (b)(d) neither (a) nor (b).

137. Name of a party in a suit can be struck of

(a) under Order I, Rule 10 of CPC(b) under Order I, Rule 10A of CPC(c) under Order I, Rule 8 of CPC(d) under Order I, Rule 8A of CPC.

138. Pleadings must state(a) facts(b) law(c) evidence(d) all the above.

139. Pleadings must be signed(a) by the party(b) by the pleader(c) by the party & his pleader(d) only by the pleader & not by

party.

140. Which of the following legal pleas need not be pleaded

(a) estoppels(b) limitation(c) res-judicata(d) none of the above.

141. Which of the following must be stated in the pleadings

(a) facta probantia(b) facta probanda(c) both (a) & (b)(d) neither (a) nor (b).

142. Under Order VI, Rule 15 of CPC pleading must be verified by

(a) all the parties(b) any one of the parties

(c) all the parties if there are more than one or any one of the parties


143. In suits by or against a corporation, under Order XXIX, Rule 1 of CPC, pleadings must be signed and verified by

(a) the secretary(b) any director(c) other principal officer able to

depose(d) either (a) or (b) or (c).

144. Furnishing of further particulars has been provided

(a) under Order VI, Rule 4 of CPC(b) under Order VI, Rule 5 of CPC(c) under Order VI, Rule 6 of CPC(d) under Order VI, Rule 7 of CPC.

145. Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out

(a) if are unnecessary, scandalous, frivolous or vexatious

(b) if ten to prejudice, embarrass or delay the fair trial

(c) if is an abuse of the process of the court

(d) all the above.

146. Pleading means(a) plaint only(b) plaint and written statement(c) written statement only(d) plaint, written statement &

replication.

147. Pleading has been declined (a) under Order VI Rule 1 of CPC(b) under Order VI Rule 2 of CPC(c) under Order VIII, Rule 4 of CPC(d) under Order VIII, Rule 2 of CPC.

148. ‘Pleading’ can be altered or amended

(a) under Order VI, Rule of CPC(b) under Order VI, Rule 16 of CPC

under Order VI, Rule 9 of CPC(c) under Order VI, Rule 10 of CPC.

149. ‘Pleading’ can be amended(a) before settlement of issues(b) before conclusion of plaintiff

evidence if plaintiff wants to amend the plaint

(c) written statement(d) at any stage of the proceedings.

150. Which of the following amendments can be allowed under Order VI, Rule 17 of CPC

(a) amendment for granting relief on the basis of different approaches to the same facts

(b) amendment taking note of subsequent events

(c) amendment for correcting the misdescription of property

(d) all the above.

151. The provision of amended Order VI, Rule 17 of CPC do not apply

(a) to the pleadings which were filed before the commencement of the Amendment Acts of 1999 and 2002

(b) to the pleadings which have been filed after the commencement of the Amendment Acts of 1999 and 2002

(c) to the pleadings which were filed/completed either before or after the commencement of the Amendment Acts of 1999 and 2002


152. Pleading can be amended (a) before the trial court(b) before the first appellate court(c) before the second appellate court(d) all the above.

153. Amendment in pleading shall be effective

(a) from the date of the pleading(b) from the date of the application(c) from the date of the order(d) either (b) or (c).

154. While considering whether an amendment is to be granted or not

(a) the court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not

(b) the court goes into the merits of the matter and decides…..

(c) the court may not go into the merits of the matter and decide…..

(d) the court may not go into the merits of the matter and decide…..

155. On the ground that an amendment may take the suit out of the jurisdiction of that court

(a) is a ground for refusing that amendment

(b) may be a ground for refusing that amendment

(c) is no ground for refusing that amendment


156. For the purpose of Order XIV, Rule 4 of CPC the Court may adjourn the farming of issues to a date not later than


157. Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within __________ of presenting the list of witnesses


158. Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom

the summons have to be obtained, shall be deposited by the party applying for the summons within

(a) 5 days of making the application(b) 7 days of making the application(c) 21 days of making the application(d) 10 days of making the

application.

159. The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of

(a) Rule 19 of Order XVIII of CPC(b) Rule 4 of Order XVIII of CPC(c) Rule 2 of Order XVIII of CPC(d) Rule 3A of Order XVIII of CPC.

160. Copy of the judgment shall be made available to the parties, under Order XX, Rule 1(2) of CPC

(a) after 7 days from the pronouncement of judgment

(b) immediately after the pronouncement of judgment

(c) after 14 days from the pronounce-ment of judgment

(d) after 21 days from the pronounce-ment of judgment

161. Under Order XX, Rule 6A of CPC, decree is to be drawn up in any case within __________ from the date of pronouncement of judgment

(a) 10 days(b) 20 days(c) 30 days

(d) 15 days.

162. Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed

(a) as may be necessary for determining the real controversy between the parties

(b) as to introduce an entirely new & inconsistent case

(c) as to take away a right of the defendant which has accrued to him by lapse of time

(d) as to withdraw the admission made.

163. Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases no time is fixed for carrying on the amendment, within


164. Under Order VII, Rule 14 of CPC, the documents

(a) must be filed alongwith the plaint(b) can be filed at the time of framing

of issues(c) can be filed at any time after the

framing of issue(d) during the evidence.

165. Set-off is a(a) reciprocal agreement between

the plaintiff and defendant

(b) reciprocal ascertainment of debts between the parties


166. Set-off can be claimed(a) in any suit(b) in a recovery of money suit only(c) either (a) or (b)(d) neither (a) nor (b).

167. Set-off can be of(a) ascertained sum of money(b) an unascertained sum of money(c) may be ascertained or may be

unascertained (d) only (b) & not (a).

168. Set-off can be(a) legal set-off(b) equitable set-off(c) both (a) & (b)(d) either (a) or (b).

169. In set-off, court fee is(a) payable(b) not-payable(c) discretionary(d) only (b) not (a).

170. In a written statement, a defendant can be

(a) set-off(b) counter-claim(c) both set-off & counter claim(d) either (a) or (b).

171. Which of the following, in respect of se is correct

(a) set-off can be claimed in a suit recovery of money

(b) the amount claimed must be ascertained amount

(c) the amount claimed to be set off must legally recoverable & not barred limitation

(d) all the above.

172. Which of the following can exceed pecuniary jurisdiction of the court

(a) set-off(b) counter-claim(c) both set-off & counter-claim(d) neither set-off nor counter-claim.

173. A right to set-off has been granted(a) under Order VIII, Rule 6 of CPC(b) under Order VIII, Rule 6A of CPC(c) under Order VIII, Rule 6B of CPC(d) under Order VIII, Rule 6C of CPC.

174. Propositions are

I. Set-off and counter-claim arises out of the same transaction.

II. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.

III. Claim for set-off cannot exceed plaintiff’s claim, whereas counter-claim can exceed the plaintiff’s claim.

In respect of the aforesaid which is correct

(a) all I, II & III are correct(b) I & II are correct III is incorrect(c) I & III are correct II is incorrect(d) II & III are correct I is incorrect.

175. A right to counter-claim has been provided

(a) under Order VIII, Rule 6A of CPC(b) under Order VIII, Rule 6B of CPC(c) under Order VIII, Rule 6C of CPC(d) under Order VIII, Rule 6D of CPC.

176. If in any case in which the defendant sets up a counter-claim the suit of the plaintiff is stayed discontinued or dismissed, the counter-claim

(a) is liable to be stayed, discontinued or dismissed

(b) can nevertheless be proceeded with

(c) is liable to be stayed but not discontinued or dismissed

(d) is liable to be dismissed & not stayed or discontinued.

177. Default in filing of written statement has been dealt with

(a) under Order VIII, Rule 8 of CPC(b) under Order VIII, Rule 9 of CPC(c) under Order VIII, Rule 10 of CPC(d) under Order VIII, Rule 7 of CPC.

178. On default in filing of written statement under Order VIII, Rule 10 of CPC, pronouncement of judgment

(a) is mandatory

(b) discretionary(c) directory(d) either (a) or (b).

179. On failure to file the written statement, under Order VIII, Rule 10 of CPC the court

(a) may pronounce the judgment at once

(b) may order for striking off the defence

(c) may pass any other order(d) either (a) or (b) or (c).

180. Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under

(a) Order IX, Rule 1 of CPC(b) Order IX, Rule 2 of CPC(c) Order IX, Rule 3 of CPC(d) Order IX, Rule 8 of CPC.

181. Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be

(a) under Order IX, Rule 1 of CPC(b) under Order IX, Rule 2 of CPC(c) under Order IX, Rule 3 of CPC(d) under Order IX, Rule 8 of CPC.

182. Under Order IX, Rule 2 of CPC a suit an be dismissed

(a) when on the date fixed for hearing in a suit, neither of the parties appear

(b) when on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear

(c) when the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s)

(d) all the above.

183. A suit can be dismissed in default(a) under Order IX, Rule 2 of CPC(b) under Order IX, Rule 3 of CPC(c) under Order IX, Rule 8 of CPC(d) both (b) & (c).

184. Order IX, Rule 3 of CPC applies(a) when on the date fixed for

hearing in a suit neither party appears

(b) when on the date fixed for hearing in a suit only defendant appears & the plaintiff does not appear

(c) when the plaintiff fails to pay the court fee or postal charges fee service of summons of the suit on the defendant(s)

(d) all the above.

185. Under Order IX, Rule 4 of CPC a suit can be restored if dismissed

(a) under Order IX, Rule 2 of CPC(b) under Order IX, Rule 3 of CPC(c) under Order IX, Rule 8 of CPC(d) only under (a) & (b).

186. When a suit is dismissed under Order IX, Rule 2 or under Order IX,

Rule 3 of CPC, a fresh suit under Order IX, Rule 4 of CPC, the same cause of action is

(a) not barred at all(b) barred under all the

circumstances(c) not barred if within limitation(d) either (a) or (b).

187. Under Order IX, Rule 8 of CPC, a suit can be dismissed if

(a) on the date of hearing only the defendant appears and the plaintiff does not appear

(b) on the date of hearing neither party appears

(c) court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant

(d) all the above.

188. A suit dismissed under Order IX, Rule 8 of CPC, can be restored

(a) under Order IX, Rule 4 of CPC(b) under Order IX, Rule 9 of CPC(c) both under (a) and (b)(d) neither under (a) nor (b).

189. Under Order IX, Rule 8 of CPC, for non-appearance of the plaintiff, a suit cannot be dismissed

(a) if the defendant admitted whole claim of the plaintiff

(b) if the defendant admits the claim of the plaintiff in part, to the extent of claim admitted

(c) both (a) and (b)

(d) neither (a) nor (b).190. After dismissal of suit under Order

IX, Rule 8 of CPC, a fresh suit on the same cause of action, under Order IX, Rule 9 of CPC

(a) is barred(b) is not barred under any

circumstances (c) is not barred subject to law of

limitation(d) either (b) or (c).

191. An application for restoration of the suit under Order IX, Rule 4 of CPC or under Order IX, Rule 9 of CPC, must be made, within

(a) 15 days of dismissal(b) 30 days of dismissal(c) 60 days of dismissal(d) 90 days of dismissal.

192. Order IX, Rule 6 of CPC provides for procedure when only the plaintiff appears and defendant does not appear on the date of hearing in the contingency

(a) when summons duly served on the defendant

(b) when summons served on the defendant but not within sufficient time

(c) when summons not duly served(d) all the above.

193. Under Order IX, Rule 6 of CPC(a) defence of the defendant can be

struck of

(b) defendant can be proceeded against ex-parte

(c) judgment can be pronounced against the defendants

(d) all the above.

194. An order under Order IX, Rule 6 of CPC can be set aside

(a) under Order IX, Rule 7 of CPC(b) under Order IX, Rule 9 of CPC(c) under Order IX, Rule 11 of CPC(d) under Order IX, Rule 13 of CPC.

195. An application under Order IX, Rule 7 of CPC can be made

(a) within 30 days of the Order(b) within 60 days of the Order(c) any time during the pendency of

the suit(d) at any time on or before the next

date of hearing.

196. Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC, the suit of the plaintiff is liable to be

(a) stayed(b) dismissed(c) either stayed or dismissed(d) neither stayed nor dismissed.

197. Were a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC

(a) the defence of the defendant is liable to be struck off

(b) the defendant is liable to be proceeded ex-parte


198. An ex-parte decree can be set aside(a) under Order IX, Rule 7 of CPC(b) under Order IX, Rule 11 of CPC(c) under Order IX, Rule 13 of CPC(d) under Order IX, Rule 12 of CPC.

199. An ex-parte decree can be set aside on the ground of

(a) summons not duly served(b) being prevented by any sufficient

cause from appearance(c) non-appearance due to non-

availability of documents with the plaint

(d) both (a) & (b).

200. Remedies available against an ex-parte decree include

(a) appeal(b) review(c) application for setting aside the

decree(d) all the above.

201. An application under Order IX, Rule 13 of CPC can be made within

(a) 30 days of the decree(b) 60 days of the decree(c) 90 days of the decree(d) 6 months of the decree.

202. After being proceeded against ex-parte, the defendant is

(a) precluded absolutely from participating in any proceeding in the suit

(b) at liberty to join the proceedings at the stage where the proceedings are pending

(c) at liberty to join the proceedings and do all the things which it could have done, had he not been proceeded against ex-parte, without getting the ex-parte order set aside


203. Discovery by interrogatories & inspection has been provided

(a) under Order X of CPC(b) under Order XI of CPC(c) under Order XV of CPC(d) under Order XVI of CPC.

204. Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC

(a) under a simple application(b) on an affidavit(c) by filing the documents(d) all the above

205. Affidavit in answer to interrogatories shall be filed

(a) within 7 days of the order(b) within 10 days of the order(c) within 14 days of the order(d) within 15 days of the order.

206. Interrogatories can be set aside or struck off, on an application under

Order XI, Rule 7 of CPC, made within

(a) 7 days of service of interrogatories

(b) 10 days of service of interrogatories

(c) 14 days of service of interrogatories

(d) 15 days of service of interrogatories.

207. Objections to interrogatories under Order XI, Rule 6 of CPC can be made if it is

(a) scandalous(b) irrelevant(c) not bonafide(d) all the above.

208. Grounds for setting aside interrogatories contained in Order XI, Rule 7 of CPC are

(a) prolix(b) oppressive(c) unnecessary(d) all the above.

209. Order XI, Rule 21 of CPC provides for penalty on account of

(a) failure to comply with an order to answer interrogatories

(b) failure to comply with an order for discovery and inspection of documents

(c) both (a) and (b)(d) neither (a) nor (b).

210. Under Order XI, Rule 21 for the non-compliance with an order for discovery etc.

(a) suit is liable to be dismissed if the plaintiff fails to comply with the order

(b) suit is liable to be stayed till the plaintiff complies with the order

(c) suit is liable to be adjourned sine-die


211. Under Order XI, Rule 21, for the non-compliance with an order of discovery by the defendant

(a) the suit of the plaintiff is liable to be decreed.

(b) the defence of the defendant is liable to be struck-off

(c) the defendant is liable to be proceeded against ex-parte


212. The power of dismissal of a suit on striking out of the defnece under Order XI, Rule 21 of CPC should be exercised

(a) only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court

(b) where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court

(c) generally without going into the question of obstinacy or contumacy or wilful disregard

(d) as per the discretion of the Court.

213. Where a party fails to produce certain documents in original under Order XI, Rule 14 of CPC, the Court would be entitled to

(a) dismiss the suit if failure is on the part of the plaintiff

(b) strike out the defence of the defendant if such failure is on the part of the defendant

(c) raise an adverse presumption against the party guilty of non-production of documents


214. On dismissal of the sit for non-compliance with an order for discovery under Order XI, Rule 21 of CPC

(a) the plaintiff can bring a fresh suit on the same cause of action as a matter of right

(b) the plaintiff can bring a fresh suit on the same cause of action only with the leave of the court

(c) the plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit

(d) the plaintiff is precluded from bringing any fresh suit on the same cause of action.

215. Judgment on admission can be given

(a) under Order XII, Rule 8 of CPC(b) under Order XII, Rule 6 of CPC(c) under Order XII, Rule 4 of CPC(d) under Order XII, Rule 2 of CPC.

216. For the purposes of Order XII, Rule 6 of CPC admissions of fact

(a) must be in pleading(b) may be otherwise(c) may be either in pleadings or

otherwise(d) only in pleading and not

otherwise.

217. Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties

(a) in the pleadings(b) in any document(c) in the statement recorded in the

court(d) either (a) or (b) or (c).

218. A party filing affidavit in reply to interrogatories

(a) can be cross-examined upon it(b) the other party can adduce

evidence to contradict it(c) can neither cross-examine nor

adduce any evidence to contradict it, as it is a conclusive proof

(d) can be cross-examined and adduce evidence to contradict it as it is a not proved fact.

219. Under Order XIII, Rule 1 of CPC, all the documentary evidence in original by the parties, must be filed

(a) at or before the settlement of issues

(b) after the settlement of issues

(c) at the time of evidence(d) at any time.

220. Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of CPC, the party is

(a) excluded from filing the same at a subsequent stage of the proceeding

(b) not excluded from filing the same at a subsequent stage of proceedings, but can file the same only with the leave of the court

(c) not excluded from filing the same at a subsequent stage of proceedings without any leave of the court


221. Documents which are meant for cross-examining a witness of the other party or meant for refreshing the memory of the witness, may be produced

(a) at or before the settlement of issues

(b) after the settlement of issues(c) at the time when they are

required(d) none of the above.

222. A document can be received at a later stage

(a) if the genuineness of the documents is beyond doubt and

is relevant to decide the real question in controversy

(b) if the genuineness of the document is beyond doubt but is not relevant to decide the real question in controversy

(c) if the genuineness of the document is disputed and it not relevant to the matter in controversy

(d) all the above.

223. Original documents can be returned to the party producing it

(a) after the suit is over(b) after the disposal of appeal, if

preferred(c) after the period of limitation for

filing the appeal, if no appeal is preferred

(d) only (b) & (c) are correct.

224. During the pendency of the suit, to a party producing the document

(a) the original document admitted in evidence cannot be returned

(b) the original documents admitted in evidence can be retuned on producing the certified copies thereof

(c) the original documents admitted in evidence can be returned on producing an ordinary copy thereof


225. In a suit, issues are framed in respect of

(a) questions of facts(b) questions of law(c) mixed question of fact & law(d) all the above.

226. Issues mean(a) contentions arising out of plaint

only(b) contentions arising out of written

statement only(c) rival contentions of the parties

based on their pleadings(d) presumptions of fact or law or

fact & law.

227. Issues are settled, in a suit(a) under Order XIII of CPC(b) under Order XIV of CPC(c) under Order II of CPC(d) under Order VII of CPC.

228. Which of the issues under Order XIV, Rule 2 of CPC can be tried as preliminary issues

(a) issues of fact(b) issues of law(c) issues of fact & law(d) both (b) & (c).

229. Issues of law can be tried as preliminary issues, if it relates to

(a) the jurisdiction of the court(b) a bar to the suit created by any

law(c) either (a) or (b)(d) neither (a) nor (b).

230. Issues can be altered(a) under Order XIV, Rule 2(2) of CPC

(b) under Order XIV, Rule 3 of CPC(c) under Order XIV, Rule 5 of CPC(d) under Order XIV, Rule 6 of CPC.

231. Under Order XIV, Rule 5 of CPC(a) issues already framed can be

amended(b) issue already framed can be

struck off(c) additional issues can be framed(d) all the above.

232. List of witnesses must be filed, by the parties

(a) alongwith the plaint or written statement

(b) before framing of issues(c) after the framing of issues(d) no need to file the list of

witnesses.

233. Parties file the list of witnesses within

(a) 10 days of framing of issues(b) 15 days of framing of issues(c) 30 days of framing of issues(d) 60 days of framing of issues.

234. Court has the power to summon a person, who is not called by any party, as a witness

(a) under Order XVI, Rule 18 of CPC(b) under Order XVI, Rule 14 of CPC(c) under Order XVI, Rule 12 of CPC(d) under Order XVI, Rule 10 of CPC.

235. Adjournment can be granted(a) under Order XVII, Rule 3 of CPC

(b) under Order XVII, Rule 2 of CPC(c) under Order XVII, Rule 1 of CPC(d) under Order XVII, Rule 1(2) of

CPC.

236. When, on the day to which the hearing of the suit is adjourned, the parties or any of them fail to appear

(a) Order XVII, Rule 2 of CPC shall apply

(b) Order XVII, Rule 3 of CPC shall apply

(c) both Order XVII, Rule 2 and Order 17, Rule 3 of CPC shall apply

(d) neither Order XVII, Rule 2 of CPC nor Order 17, Rule 3 of CPC shall apply.

237. Order XVII, Rule 2 of CPC and Order XVII, Rule 3 of CPC are

(a) in conflict with each other(b) independent & mutually exclusive(c) Order XVII, Rule 3 of CPC is

dependent on Order XVII, Rule 2 of CPC

(d) Order XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC.

238. Order XVII, Rule 3 of CPC applies(a) when the party fails to produce

the evidence (b) when the party produced the

evidence(c) when the parties or any of them

not present(d) all the above.

239. Who shall produce the evidence first

(a) plaintiff(b) defendant(c) either plaintiff or defendant(d) as directed by the court.

240. Where a party wishes to appear as a witness, as a general rule

(a) the party shall appear as a witness after all other witnesses are examined

(b) the party shall appear first before any witness on his behalf has been examined

(c) the party has the discretion to appear either before or after examination of other witnesses.

241. A witness who has already been examined can be recalled under Order XVIII, Rule 17 of CPC

(a) by the party calling the witness(b) by the opposite party(c) by the court(d) all the above.

242. Where a judgment debtor puts any resistence or obstruction to the decree holder in exemption of a decree for possession of immoveable property, the judgment debtor is liable, under section 74 of CPC, to be

(a) detained in the civil prison for a term which may extend to 60 days

(b) detained in the civil prison for a term which may extend to 30 days

(c) detained in the civil prison for a term which may extend to 15 days

(d) detained in the civil prison for a term which may extend to 7 days.

243. Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments

(a) shall form part of record(b) shall not form part of the record(c) shall not form part of the record

unless it follows affidavit(d) shall form of the record only if

the court directs.

244. Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of CPC, within

(a) 15 to 30 days of hearing(b) 5 to 15 days of hearing(c) 30 to 60 days of hearing(d) 30 to 45 days of hearing.

245. Judgment & decree have been dealt in CPC

(a) under Order XIX(b) under Order XX(c) under Order XX-A(d) under Order XXI.

246. Clerical or arithmetical mistakes in judgments, order etc. can be corrected

(a) under section 152 of CPC(b) under section 153 of CPC(c) under section 153A of CPC(d) under section 153B of CPC.

247. For getting the clerical or arithmetical mistakes in judgment etc, corrected, the application

(a) shall be made within 30 days(b) shall be made within 60 days(c) shall be made within 90 days(d) can be made at any time & no

limitation period has been prescribed.

248. Under section 34 of IPC, the court can grant interest

(a) from the date of the suit till the date of decree

(b) from the date of the decree till realization


249. Provision for interest in CPC has been made

(a) under section 32(b) under section 34(c) under section 35A(d) under section 35B.

250. Future interest i.e., from the date of the decree till realization, can be awarded, under CPC

(a) @ 12% per annum

(b) @ 9% per annum(c) @ 6% per annum(d) depending on the prevailing bank

rates.

251. Awarding future interest is(a) mandatory(b) directory(c) discretionary(d) only (a) and not (b) or (c).

252. Where a decree is silent as regards future interest

(a) future interest shall be deemed to have been refused and a separate suit shall lie for the same.

(b) future interest shall be deemed to have been refused and a separate suit shall not lie.

(c) future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court.

(d) future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application.

253. Rule of Damdupat is(a) a rule relating to costs(b) a rule relating to interest (c) a rule of res-judicata(d) a rule of evidence.

254. Pendente lite interest can be awarded

(a) on the basis of the agreement between the aprties

(b) @ 6% (c) @ 9%(d) @ 12%.

255. Which of the following provisions provide for imposition of costs in a civil suit

(a) section 35 of CPC(b) section 35A of CPC(c) section 35B of CPC(d) all the above.

256. Costs can be imposed in(a) a suit(b) execution proceedings(c) a suit as well as execution

proceedings(d) only in a suit and not in execution

proceedings.

257. Costs can be imposed to(a) compensate(b) reimburse the expenses incurred(c) compensate as well as to re-

imburse the expenses incurred(d) only to reimburse the expenses

incurred and not to compensate.

258. Compensatory costs can be imposed for

(a) false or vexation claims or defneces

(b) improbable claims or defneces(c) both (a) & (b)

(d) neither (a) nor (b).259. Compensatory costs are imposed

(a) under section 35 of CPC(b) under section 35A of CPC(c) under section 35B of CPC(d) all the above.

260. Compensatory costs under section 35A of CPC can be imposed to the extent of

(a) Rs. 3,000(b) Rs. 5,000(c) Rs. 10,000(d) Without any limit.

261. Imposition of costs under section 35A of CPC

(a) absolves a person from criminal liability that may arise on the principle of double jeopardy

(b) does not absolve the person from criminal liability that may arise therefrom.

(c) may absolve or may not absolve from criminal liability

(d) the court imposing cost may order for exemption from criminal liability.

262. Costs under section 35A of CPC can be imposed

(a) in an appeal(b) in a revision(c) both in an appeal and a revision(d) neither in an appeal nor in a

revision.

263. Costs under section 35A of CPC can be imposed

(a) on plaintiff(b) on defendant(c) on co-defendant(d) all the above.

264. Costs for causing delay has been provided under

(a) section 35A of CPC(b) section 35B(c) section 36 of CPC(d) section 35 of CPC.

265. Imposition of costs under section 35B of CPC is

(a) mandatory(b) directory(c) either (a) or (b)(d) neither (a) nor (b).

266. Costs imposed under section 35B of CPC

(a) shall be included in the costs awarded in the decree passed in the suit

(b) shall not be included in the costs awarded in the decree passed in the suit

(c) shall, if not paid, be executable against the person on whom the costs has been imposed

(d) only (b) & (c).

267. Security for payment of cost can be required to be furnished

(a) under Order XXA(b) under Order XXV

(c) under Order XXIV(d) under Order XXVII.

268. Security for payment of cost can be required to be furnished under Order XXV, from

(a) the plaintiff(b) the defendant(c) the co-defendant(d) all the above.

269. On failure for furnishing security for payment of cost the suit is liable to be

(a) stayed(b) dismissed(c) rejected(d) either (a) or (b) or (c) in the

discretion of the court.

270. A suit dismissed under Order XXV, for non furnishing of security for payment of costs

(a) cannot be restored(b) can be restored by the same

court(c) can be restored only in appeal(d) can be restored only in revision

271. Provision relating to execution of decrees are contained in

(a) Order XXI(b) Order XXV(c) Order XXXIII(d) Order XXXVI.

272. Money under a decree can be paid(a) in the court(b) out of the court

(c) either in the court or out of the court

(d) only in the court and not out of the court.

273. Application for execution of a decree is to be made

(a) to the court which passed the decree

(b) to the court of small causes(c) to the district court(d) to the High Court.

274. An executing court(a) can modify the terms of the

decree(b) can vary the term of the decree(c) can modify and vary the terms of

the decree(d) can neither modify nor vary the

terms of the decree.

275. A decree for execution(a) cannot be transferred to another

court(b) can be transferred to another

court(c) may or may not be transferred(d) either (a) or (c).

276. Transfer of a decree for execution to another court has been dealt with

(a) under section 37 of CPC(b) under section 38 of CPC(c) under section 39 of CPC(d) under section 40 of CPC.

277. A decree can be transferred for execution to another court

(a) if the judgment debtor actually & voluntarily resides or carries on business, or personally works for gain, within the local limits of that other court

(b) if the judgment debtor does not have sufficient property to satisfy the decree within the local limits of the court, passing the decree and has property within the local limits of that other court

(c) if the decree directs sale or delivery of immoveable property situate outside the jurisdiction of the court passing the decree

(d) all the above.

278. Law does not require issuance of notice of the application for execution of a decree, to the judgment debtor, where the execution is applied

(a) within four years of the decree(b) within two years of the decree(c) within three years of the decree(d) within five years of the decree.

279. In which of the following cases, notice of the execution application has to be issued to the judgment debtor

(a) where the execution is applied for beyond two years after the date of the decree

(b) where the execution application is made against the legal

representatives of the judgment debtor even it made within two years of the decree

(c) where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree

(d) all the above.

280. Provisions of section 39 of CPC are(a) permissive & not mandatory(b) mandatory & not permissive(c) mandatory & discretionary(d) none of the above.

281. Words ‘competent jurisdiction’ under section 39 of CPC refers to

(a) pecuniary jurisdiction of the transferee court

(b) territorial jurisdiction of the transferee court

(c) pecuniary and territorial jurisdiction of the transferee court.

282. Execution of a decree can(a) be stayed by the court passing

the decree under all the circumstances

(b) be stayed by the court passing the decree before the time allowed for appeal

(c) not be stayed by the court passing the decree under any circumstances


283. A decree for execution cannot be sent to a

(a) foreign court(b) court outside India established by

the authority of Central Government


284. In case of a joint decree, the execution must be applied

(a) by all the decree holders(b) by more than one decree holders(c) by one decree holder(d) either by one or more or all the

decree holders.

285. Execution of a decree can be applied for

(a) against the judgment debtor personally

(b) in case of the judgment debtor being dead against the legal representatives of the judgment debtor

(c) against the person whom the court directs

(d) both (a) & (b).

286. Which of the following statements are correct

(a) the executing court must take the decree at it stands

(b) the executing court cannot go into the question whether the decree has been obtained by fraud

(c) the executing court cannot question the legality, correctness or validity of the decree

(d) all the above.

287. An executing court can go behind the decree where

(a) the decree has been passed without jurisdiction pecuniary, territorial or subject matter

(b) the decree is a nullity having been passed against a dead person without bringing his legal representatives on the record

(c) where the decree is ambiguous(d) all the above.

288. Precept is(a) a transfer of the decree(b) an order to another competent

court to attach any property of the judgment debtor

(c) an execution of decree(d) all the above.

289. Attachment of property under a precept shall remain valid for a period of

(a) 90 days until extended(b) 60 days until extended(c) 30 days until extended(d) Till further order.

290. Under section 47 of CPC, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided

(a) by the executing court(b) by a separate suit(c) either (a) or (b0(d) both (a) & (b).

291. Section 47 of CPC is(a) mandatory and bars a suit(b) mandatory and bars a defence(c) mandatory and bars a suit as well

as a defence(d) directory

292. Section 47 of CPC applies(a) to the objections raised to the

execution by the parties to the suit

(b) to the objection raised to the execution by the third parties


293. Where a judgment debtor dies before the decree has been fully satisfied, the same can be executed against

(a) any one of the legal representatives of the judgment debtor in its entirety

(b) against all the legal representatives

(c) against any member of the legal representatives as the decree holder wants

(d) against the legal representative, as directed by the court.

294. In execution of decree against legal representatives, the liability of the

legal representative under section 50 of CPC

(a) is limited to the extent of the property of the deceased inherited by him

(b) is not limited to the extent of the property inherited but extends to his personal property

(c) extends to his person property in cases where he has not inherited anything


295. Under section 47 of CPC parties to the suit means

(a) the parties themselves(b) the representatives of the parties(c) the auction purchaser in

execution of decree(d) all the above.

296. Modes of execution of a decree have been stated in


297. Omission to give notice, under Order 21, Rule 22 of CPC, of the execution is a defect which renders the execution

(a) null & void(b) irregular(c) voidable(d) valid.

298. Arrest of a person in execution of a decree has been provided


299. Who can be arrested in execution of a decree

(a) a man(b) a woman(c) a minor(d) all the above.

300. Section 56 of CPC prohibits, arrest & detention, in execution of a decree, of

(a) a minor boy(b) a minor girl(c) a woman(d) all the above.

301. Imprisonment in execution of a decree can be

(a) rigorous imprisonment(b) simple imprisonment(c) civil imprisonment(d) either (a) or (b) or (c) as per the

discretion of the court.

302. Maximum period of detention where the decree is for more than Rs. 5,000 is

(a) six weeks(b) two months(c) three months(d) six months.

303. Maximum period of detention in civil imprisonment where the decree is for more than Rs. 2,000 but less than Rs. 5,000 is

(a) six weeks(b) two months(c) three months(d) six months.

304. No arrest & detention in civil imprisonment can be made if the decree is for payment of

(a) not exceeding Rs. 500(b) not exceeding Rs. 1,000(c) not exceeding Rs. 1,500(d) not exceeding Rs. 2,000.

305. Civil imprisonment in execution of a decree can be awarded if the decree is for minimum

(a) Rs. 500(b) Rs. 1,000(c) Rs. 2,000(d) Rs. 5,000.

306. Arrest & detention of a person in civil imprisonment in execution of the decree

(a) absolves him from liability under the decree but can be re-arrested

(b) does not absolve him but the person cannot be re-arrested

(c) does not absolve him and the person can be re-arrested

(d) absolute him from the liability altogether and cannot be rearrested.

307. A person arrested & detained in civil imprisonment in execution of a decree can be released

(a) on payment of the outstanding amount

(b) on the ground of illness of self(c) on the ground of illness of a

member of his family(d) only (a) or (b) not (c).

308. Property liable to attachment and sale in execution of decree is mentioned


309. Which of the following properties of a judgment debtor are liable to be attached

(a) personal ornaments of religious usage of a woman

(b) tools of artisan & cattle & seed-grain

(c) books of accounts(d) shares in a corporation &

Government securities.

310. Which of the following properties cannot be attached in execution of a decree

(a) penricus(b) promissory notes(c) house or other building(d) Hundi.

311. In execution of a decree for the maintenance, salary of a person can be attached to the extent of

(a) one fourth(b) one third(c) two third (d) one half.

312. In execution of a decree other than a decree of maintenance, salary of a person can be attached to the extent of

(a) Rs. 400 plus two third of the remainder

(b) Rs. 500 plus one half of the remainder

(c) Rs. 1,000 plus one third of the remainder

(d) Rs. 1,000 plus two third of the remainder.

313. In a case of one & the same decree, the attachment of salary can continue for a total period of

(a) 12 months(b) 24 months(c) 36 months(d) 60 months.

314. In cases of two or more decrees the attachment of salary shall commence after

(a) three months of the completion of the months of attachment under the earlier decree

(b) six months of completion of 24 months of attachment under the earlier decree

(c) nine months of completion of 24 months of attachment under the earlier decree

(d) twelve months of the completion of 24 months of attachment under the earlier decree.

315. Private alienation of property by the judgment debtor after attachment under section 64(1) of CPC is

(a) valid(b) voidable(c) void(d) irregular.

316. Properties of a judgment debtor which are not liable to be attached have been mentioned in


317. Subsistence allowance in respect of the person detained in civil imprisonment has to be paid by the

(a) State Government(b) Central Government(c) decree holder(d) either (a) or (b) or (c).

318. Persons who are exempted from arrest under civil process, have been mentioned in

(a) section 135 of CPC(b) section 135A of CPC(c) section 136 of CPC

(d) both (a) & (b).

319. A ‘garnishee’ is(a) the judgment debtor(b) judgment debtor’s debtor(c) judgment debtor’s creditor(d) the banker of the judgment

debtor.

320. A garnishee order is an order(a) prohibiting the judgment debtor’s

debtor from making any payment to the judgment debtor

(b) directing the judgment debtor’s creditor to take the payment from the judgment debtor’s debtor

(c) permitting the judgment debtor’s debtor to make the payment to the judgment debtor


321. Attachment of property in execution of a decree

(a) continue to be under attachment if the decree is set aside or reversed, without a specific order of release

(b) shall be deemed to be withdrawn on setting aside or reversal of the decree

(c) shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the decree

(d) shall be deemed to be withdrawn on setting aside of the decree but not on reversal of the decree.

322. Objections to the attachment of property in execution can be raised

(a) by parties to the suit(b) by strangers/third party(c) both (a) & (b)(d) only (b) & not (a).

323. A decree for specific moveable property can be executed

(a) by attachment (b) by detention(c) by seizure(d) all the above.

324. Abatement of proceedings is governed

(a) by Order XXII of CPC(b) by Order XXIII of CPC(c) by Order XXIV of CPC(d) by Order XXVII of CPC.

325. Order XXII CPC applies to(a) suits(b) appeals(c) execution proceedings(d) all the above.

326. Abatement means(a) suspension or termination of

proceedings in an action for want of proper parties

(b) the process of bringing on record the legal representatives of the party on death of a party to the suit

(c) the process of seeking permission to file a fresh suit on the same

cause of action on the death of either party

(d) all the above.

327. An application for bringing the legal representatives of a party has to be moved within

(a) 30 days of the death(b) 60 days of the death(c) 90 days of the death(d) 15 days death.

328. Procedure in case of death of one of several plaintiffs or of the sole plaintiff has been provided

(a) under Order XXII, Rule 2 of CPC(b) under Order XXII, Rule 3 of CPC(c) under Order XXII, Rule 4 of CPC(d) under Order XXII, Rule 6 of CPC.

329. If the sole plaintiff in a suit dies and no application for bringing the legal representatives of the deceased plaintiff has been moved

(a) the proceedings shall be terminated immediately

(b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the plaintiff

(c) the proceedings shall not terminate

(d) the court shall appoint an administrator of the plaintiff to continue with the suit.

330. In case a party to the suit dies and no application moved for the

substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of CPC

(a) the suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court

(b) the suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect

(c) the suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must

(d) the suit is to be stayed till the application is presented.

331. An application for substitution of the legal representatives of a defendant lies

(a) under Order XXII, Rule 3 of CPC(b) under Order XXII, Rule 4 of CPC(c) under Order XXII, Rule 4A of CPC(d) under Order XXII, Rule 5 of CPC.

332. If a sole defendant in a suit dies and no application for bringing on record, the legal representatives of the deceased defendant has been moved

(a) the proceedings shall be terminated immediately

(b) the proceedings shall be erminated on the expiry of 90 days from the date of death of the defendant

(c) the proceedings shall not terminate

(d) the court can appoint an administrator of the defendant and continue the proceedings.

333. In case of death of a defendant the necessity of substituting the legal representatives of the deceased defendant

(a) cannot be dispensed with under any circumstances

(b) can be dispensed with in respect of a defendant who has failed to file the written statement

(c) can be dispensed with in respect of a defendant who having filed the written statement, does not appear and contest the suit


334. Substitution of the legal representatives of either party, in case of death, is permissible

(a) when the right to sue survives(b) when the right to sue does not

survive(c) when the right to sue may or may

not survive(d) all the above.

335. Right to sue survives in cases of suits for

(a) defamation

(b) assault(c) personal injuries and causing

death(d) none of the above.

336. In cases where there is no legal representative of a party to the suit, who died during the pendency of suit, under Order XXII, Rule 4A of CPC

(a) the proceedings shall abate(b) the proceedings shall continue(c) the court shall appoint an

administrator general to represent the estate of the deceased for the purposes of the proceedings and continue with the proceedings


337. On the marriage of a female who is a party to the suit, under Order XXII, Rule 7 of CPC

(a) the proceedings shall abate(b) the proceedings shall not abate(c) it is the discretion of the court to

continue or not to continue with the proceedings


338. During the period of conclusion of hearing and the pronouncing of the judgment, if either party dies, under Order XXII, Rule 6 of CPC

(a) the proceedings shall abate(b) the proceedings shall not abate

irrespective of whether the cause of action survives or not

(c) it is the discretion of the court to order abatement or non-abatement of the suit


339. On abatement of suit, under Order XXII, Rule 9 of CPC

(a) a fresh suit on the same cause of action can be brought as a matter of right

(b) a fresh suit on the same cause of action can be brought only with the permission of the court

(c) a fresh suit on the same case of action is barred


340. Abatement of suit can be set aside(a) under Order XXII, Rule 9 of CPC(b) under Order XXII, Rule 10 of CPC(c) under Order XXII, Rule 10 of CPC(d) under Order XXII, Rule 11 of CPC.

341. An assignee of an interest during the pendency of the suit can be brought on record by virtue of

(a) Order XXII, Rule 10 of CPC(b) Order XXII, Rule 10A of CPC(c) Order XXII, Rule 4A of CPC(d) Order XXII, Rule 11 of CPC.

342. An application for substitution of the legal representatives of the defendant who has died, has to be moved by

(a) the legal representatives of the defendant

(b) the plaintiff

(c) both (a) and (b)(d) either (a) or (b).

343. An application for the substitution of the legal representatives of the plaintiff who has died, has to be moved by

(a) the legal representatives of the plaintiff

(b) the defendant (c) both (a) and (b)(d) either (a) or (b).

344. Withdrawal of suits is governed by(a) Order XXIII, Rule 1 of CPC(b) Order XXIII, Rule 3 of CPC(c) Order XXIII, Rule 1 & Rule 3 of

CPC(d) Order XXIII, Rule 3A of CPC.

345. If the plaintiff wants to withdraw the suit, then

(a) the plaintiff can withdraw the suit against all the defendants if there are more than one

(b) the plaintiff has the liberty to withdraw the suit against some of the defendant if there are more than one

(c) the plaintiff has the liberty to withdraw the suit against anyone of the defendants

(d) all the above.

346. Under Order XXIII, Rule 1 of CPC, the plaintiff is

(a) under an obligation to withdraw the suit with entirely with respect to all the claims

(b) having the liberty to withdraw the suit in its entirely or abandon a part of his claim

(c) having the liberty to withdraw only a part of his claim and cannot abandon the suit


347. A suit filed on behalf of a minor can be

(a) withdrawn at any time as a matter of right

(b) cannot be withdrawn(c) withdrawn only with the leave of

the court(d) either (a) or (b).

348. After withdrawal of the suit a plaintiff

(a) can institute a fresh suit in respect of the same subject matter

(b) can institute a fresh suit in respect of the same subject matter only with the leave of the court

(c) can institute a fresh suit in respect of the same subject matter only with the leave of the High Court

(d) cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at the time of withdrawal of the suit.

349. Liberty to institute a fresh sui in respect of the same subject matter,

at the time of withdrawal of the suit is given

(a) as a general rule(b) where the suit suffers from same

formal defect & is likely t fail on that account

(c) where the court finds sufficient grounds

(d) only (b) & (c).

350. Right to withdraw the suit, is(a) an absolute right of the plaintiff(b) a qualified right of the plaintiff(c) fettered by certain conditions(d) either (a) or (b) or (c)

351. In cases of withdrawal of suit by the plaintiff, under Order XXII, Rule 1A of CPC

(a) defendants cannot be transposed as plaintiffs

(b) defendants can be transposed as plaintiffs under all circumstances

(c) defendants can be transposes as plaintiff if substantial question is to be decided against any of the other defendants


352. Parties to the suit can compromise in a suit

(a) under Order XXIII, Rule 3A of CPC(b) under Order XXIII, Rule 3 of CPC(c) under Order XXIII, Rule 1 of CPC(d) under Order XXIII, Rule 4 of CPC.

353. Compromise under Order XXIII, Rule 3 of CPC

(a) must be in writing and signed by the parties

(b) must be in writing but need not be signed by the parties

(c) must be in writing but need not be lawful

(d) need not be in writing but must be lawful.

354. Under Order XXIII, Rule 3, CPC, the subject matter of the compromise

(a) shall be the subject matter of the suit

(b) can embrace part of the subject matter of the suit and part outside it

(c) can embrace the subject matter outside the suit

(d) both (b) & (c).

355. Under Order XXIII, Rule 3 of CPC, on the basis of a compromise

(a) a decree has to be drawn only in respect of the subject matter that relates to the suit

(b) 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

(c) a decree has to be drawn where the compromise does not embrace the subject matter of the suit at all

(d) no decree need to be drawn in cases of compromise of the suit.

356. Under Order XXIII, Rule 3A of CPC, a suit to set aside a compromise decree

(a) shall lie on the ground that compromise is not lawful

(b) shall not lie on the ground that the compromise is not lawful

(c) shall not lie on any ground(d) both (b) & (c).

357. In a representative suit, an agreement or compromise can be entered into Order XXIII, Rule 3B of CPC

(a) as a general rule(b) without the leave of the court(c) only with the leave of the court(d) both (a) & (b).

358. An agreement or compromise entered into, in a representative suit, without the leave of the court shall be

(a) void (b) voidable(c) valid(d) either valid or voidable.

359. Purposes for which the court can issue a commission have been enumerated in


360. For issuance of commission, section 75 is

(a) exhaustive(b) prohibitory(c) illustrative(d) none of the above.

361. Under section 75, a commission can be issued

(a) to make local investigation(b) to hold a scientific, technical or

expert investigation(c) to perform any ministerial act(d) all the above.

362. Provisions relating to issuance of commission are contained in

(a) Order XXVI of CPC(b) Order XXXII of CPC(c) Order XXVII of CPC(d) Order XXVIII of CPC.

363. Under section 78 of CPC the commission can be issued for the examination of witness by or at the instance of

(a) courts situate in any part of India to which the provision of CPC do not extend

(b) courts established outside India by the authority of Central Government

(c) a foreign court(d) all the above.

364. Commission to make local investigation can be issued

(a) under Order XXVI, Rule 1, CPC

(b) under Order XXVI, Rule 6, CPC(c) under Order XXVI, Rule 9, CPC(d) under Order XXVI, Rule 10, CPC.

365. Commission to make local investigation cannot be issued for the purposes of

(a) collecting evidence on a fact(b) elucidating any matter in dispute(c) ascertaining the market value of

the property(d) ascertaining the amount of

mesne profit.

366. Expenses of the commission have to be born by

(a) the party at whose instance the commission is issued

(b) the party for whose benefit the commission is issued

(c) both parties in a suit in equal share


367. Commission for local investigation can be issued

(a) ex parte(b) in the presence of both the

parties(c) only after hearing all the parties(d) only (a) & (b).

368. For instituting a suit against the Government or against a public officer in official capacity the notice period under section 80 of CPC is

(a) 3 months(b) 2 months(c) 1 month

(d) 15 days.

369. Provisions of section 80 of CPC are(a) mandatory(b) directory(c) discretionary(d) none of the above.

370. Provisions of section 80 of CPC are binding on

(a) the court of a Civil Judge(b) the court of District Judge(c) the High Court(d) all the above.

371. A suit without service of notice under section 80 of CPC can be instituted

(a) generally, with the leave of the court

(b) in cases where urgent or immediate relief is sought, with the leave of the court

(c) in case where urgent or immediate relief is sought, without the leave of the court

(d) only (a) & (c).

372. In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 80 of CPC has been granted

(a) no interim or otherwise, ex parte relief can be granted

(b) interim or otherwise ex parte relief can be granted generally

(c) interim or otherwise ex parte relief may be granted under certain circumstances


373. Foreign Rulers, Ambassadors & Envoys, under section 86 of CPC

(a) cannot be sued in Indian Courts(b) can be sued in Indian Courts

without the consent of the Central Government

(c) can be sued in Indian Courts only with the written consent of the Central Government

(d) either (a) or (b)

374. Interpleader suit has been defined(a) under section 88 of CPC(b) under section 89 of CPC(c) under section 90 of CPC(d) under section 91 of CPC.

375. In an interpleader suit, the plaintiff claims

(a) interest in the subject matter of the suit

(b) no interest in the subject matter of the suit except charges or costs

(c) no interest in the subject matter of the suit also not claims charges or costs


376. In an interpleader suit, there(a) are several claimants claiming the

property adverse to each other(b) is only one claimant claiming the

property against the other

(c) are several claimants claiming the property under common interest of all


377. Provisions relating to interpleader suit are contained in

(a) Order XXII of CPC(b) Order XXXIV of CPC(c) Order XXXV of CPC(d) Order XXXVI of CPC.

378. Suits for declaration & injunction in respect of public nuisances under section 91 of CPC, can be instituted by

(a) an individual without the leave of the court

(b) an individual with the leave of the court

(c) two or more persons without the leave f the court

(d) two or more persons with the leave of the court.

379. Public nuisance within the meaning of section 91 of CPC is

(a) nuisance in law(b) nuisance in fact(c) both (a) and (b)(d) either (a) or (b).

380. Which of the following can be done under section 94 of CPC

(a) issuance of warrant of arrest against the defendant

(b) attachment of any property(c) grant of temporary injunction

(d) all the above.381. A warrant of arrest before

judgment against a defendant can be issued under Order XXXVIII, Rule 1 of CPC

(a) if the defendant has absconded or left the local limits of the jurisdiction of the court

(b) if the defendant is about to abscond or leave the local limits of jurisdiction of the court

(c) if the defendant remove the property outside the local limits of the jurisdiction

(d) all the above.

382. Security for appearance can be required to be furnished by the defendant

(a) under Order XXXVIII, Rule 1 of CPC

(b) under Order XXXVIII, Rule 2 of CPC

(c) under Order XXXVIII, Rule 3 of CPC

(d) under Order XXXVIII, Rule 4 of CPC.

383. When the defendant fails to furnish the security demanded from him, he can be detained in prison for a maximum period of

(a) two weeks(b) six weeks(c) six months(d) two months.

384. In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIII, Rule 4 of CPC cannot

(a) exceed two weeks(b) exceed six weeks(c) exceed two months(d) exceed three months.

385. Attachment before judgment can be ordered

(a) under Order XXXVIII, Rule 1 of CPC

(b) under Order XXXVIII, Rule 3 of CPC

(c) under Order XXXVIII, Rule 5 of CPC

(d) under Order XXXVIII, Rule 7 of CPC.

386. Attachment before judgment can be removed under Order XXXVIII, Rule 9 of CPC

(a) on dismissal of the suit(b) on furnishing of security required

by the defendant(c) on (a) and (b) both(d) only (a) & not (b).

387. Attachment before judgment, in a suit dismissed in default

(a) revives automatically on the restoration of the suit

(b) does not revive automatically on the restoration of the suit

(c) may or may not revive depending on the facts & circumstances of the case

(d) neither (a) nor (b).388. Attachment before judgment under

Order XXXVIII, Rule 5 of CPC can be in respect of

(a) movable property(b) immovable property(c) both (a) and (b)(d) only (b) and not (a).

389. Attachment of an immovable property can be ordered by

(a) a civil court of competent jurisdiction only

(b) a court of small causes only(c) both (a) and (b)(d) neither (a) nor (b).

390. Which of the following cannot be attached before judgment

(a) agricultural produce(b) production of agricultural

produce(c) both (a) and (b)(d) only (b) & not (a).

391. In which of the following suits attachment before judgment can be ordered

(a) suit of possession of immovable property

(b) suit for partition of immovable property

(c) suit for determination f right or interest in immovable property

(d) suit for compensation for wrong to immovable property.

392. Civil Procedure Code provides for(a) temporary injunction(b) permanent injunction(c) mandatory injunction(d) all the above.

393. Temporary injunction can be granted

(a) under Order XXXIX, Rule 1 of CPC(b) under Order XXXIX, Rule 2 of CPC(c) under Order XXXIX, Rule 3 of CPC(d) under Order XXXIX, Rule 4 of CPC.

394. Injunction to restrain repetition continuance of breach I provided

(a) under Order XXXIX, Rule 1 of CPC(b) under Order XXXIX, Rule 2 of CPC(c) under Order XXXIX, Rule 3 of CPC(d) under Order XXXIX, Rule 5 of CPC.

395. A temporary injunction can be granted to a party establishing

(a) a prima facie case in his favour(b) balance of convenience in his

favour(c) irreparable injury to him in the

event of non-grant of injunction(d) all the above.

396. Temporary injunction can be granted

(a) ex parte(b) only after service of notice to the

other party

(c) only after hearing both the parties

(d) all the above.397. Consequences of disobedience or

breach of injunction have been provided

(a) under Order XXXIX, Rule 2A of CPC

(b) under Order XXXIX, Rule 2 of CPC(c) under Order XXXIX, Rule 3 of CPC(d) under Order XXXIX, Rule 5 of CPC.

398. Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be penalized by

(a) attachment of property(b) detention in civil imprisonment (c) either (a) or (b) or both(d) only (a) & not (b).

399. Period of detention in civil imprisonment under Order XXXIX, Rule 2A of CPC shall not

(a) exceed six months(b) exceed three months(c) exceed two months(d) exceed one months

400. Attachment of property attached shall remain operative under Order XXXIX, Rule 2A of CPC for a period of

(a) thee years(b) two years(c) one year(d) six months.

401. An application for grant of temporary injunction shall be decided, in cases of grant of ex parte temporary injunction, as provided under Order XXXIX, Rule 3A of CPC, within

(a) thirty days(b) forty five days(c) sixty days(d) ninety days

402. Order XXXIX, Rule 4 of CPC provides for

(a) discharge of the order of injunction

(b) setting aside of the order of injunction

(c) variation in the order of injunction

(d) all the above.

403. Temporary injunction granted after hearing the parties, shall be operative

(a) till the final disposal of the suit(b) till the settlement/framing of

issues(c) till the conclusion of the plaintiff’s

evidence(d) till the completion of pleadings.

404. Appointment of receiver has been dealt with

(a) under Order XLIV(b) under Order XLII(c) under Order XL(d) under Order XLV.

405. Receiver can be appointed for the purposes of

(a) protection of rights of the parties to the suit

(b) prevention of injury to the subject mater of the suit


406. A receiver is an(a) officer of the court(b) agent of the plaintiff(c) agent of the defendant(d) agent of the parties to the suit.

407. A receiver appointed in respect of any property under Order XL of CPC

(a) officer of the court(b) agent of the plaintiff(c) agent of the defendant(d) agent of the parties to the suit.

408. A receiver can be appointed(a) during the pendency of

proceedings(b) after the termination of

proceedings(c) both (a) and (b)(d) either (a) or (b).

409. Appointment of a receiver(a) can be claimed as a matter of

right(b) is mandatory(c) is discretionary(d) is prohibitory.

410. A receiver(a) can be sued generally for acts

done in his official capacity by a third party.

(b) cannot be sued at all for acts done in his official capacity by a third party.

(c) can sue and can be sued for acts done in his official capacity by a third party only with the leave of the court appointing him.

(d) can sue without the leave of the court but cannot be sued without the leave of the court appointing him.

411. Which of the following is incorrect(a) property in the hands of the

receiver cannot be attached without the permission of the court appointing him

(b) receiver can purchase the property in respect of which he has been appointed as receiver

(c) if the receiver fails to account for the gain & loss and loss ensued by his conduct, the loss so occasioned can be made good by attaching and sale of receivers’ personal property

(d) all the above.

412. If anyone interferes with the possession of the receiver appointed under Order XL of CPC, contempt proceedings against such a person can be initiated by

(a) the court

(b) the receiver or a party to the suit(c) the receiver only(d) either (a) or (c).

413. A receiver can be appointed for better custody or management of

(a) movable property(b) immovable property(c) both (a) and (b).(d) only (b) & not (a).

414. A receiver cannot be appointed(a) when no harm is going to be

caused to any party by such appointment

(b) when the property is in possession of a party to the suit


415. In which of the following suits, a receiver can be appointed

(a) suit for dissolution of partnership(b) suit for partition of joint family

property(c) suit for foreclosure or sale of a

mortgaged property(d) only (a) & (c).

416. Notice under section 80 of CPC has to be served on

(a) the Secretary to the Government(b) the Deputy Commissioner(c) the President of India(d) the Prime Minister of India.

417. Notice under section 80 of CPC, when it relates to railways, has to be served on

(a) the Secretary, Railways(b) the Minister, Railways(c) the General Manager, Railways(d) either (a) or (b) or (c).

418. A suit through ‘next friend’ can be filed by

(a) a minor(b) a lunatic(c) both (a) & (b)(d) only (b) & not (a).

419. ‘Next friend’ is(a) a local commissioner(b) a receiver(c) a person defending a suit on

behalf of the minor(d) a person filing a suit on behalf of

a minor.

420. ‘Guardian at litem’(a) is a person defending a suit on

behalf of a minor(b) a receiver(c) a local commissioner(d) all the above.

421. A suit instituted by a minor or a lunatic without a next friend, under Order XXXII, Rule 2 of CPC, the same is liable to be

(a) struck off(b) stayed(c) proceeded with in ordinary

course

(d) proceeded with if the defendant consents.

422. A person can act as a ‘next friend’ if he is

(a) major (b) sound mind(c) not having any interest adverse to

that of a minor or lunatic residing in India

(d) fulfilling all the three requirements.

423. Provisions relating to suit by or against a minor, are contained in

(a) Order XXXIII of CPC(b) Order XXXII of CPC(c) Order XXXI of CPC(d) Order XXXIV of CPC.

424. On the retirement, removal or death of a ‘next friend’, under Order XXXII, Rule 10 of CPC, the suit is liable to be

(a) stayed(b) dismissed(c) rejected(d) either (a) or (b) or (c).

425. A person can be appointed as a guardian under Order XXXII, Rule 4 of CPC

(a) on his oral consent(b) on his consent in writing(c) either (a) or (b)(d) neither (a) nor (b).

426. A ‘next friend’ or guardian, under Order XXXII, Rule 7 of CPC

(a) can enter into an agreement without the leave of the court but cannot compromise a suit

(b) can neither enter into an agreement nor compromise the suit on behalf of the minor without the leave of the court

(c) cannot enter into an agreement without leave of the court but enter into a compromise

(d) can enter into an agreement and also compromise in a suit on behalf of a minor without the leave of the court.

427. An agreement entered into or compromise, on behalf of a minor without the leave of the court, under Order XXXII, Rule 7 of CPC is

(a) valid(b) void(c) voidable against all the parties

other than the minor(d) voidable against all the parties

including the minor.

428. A ‘next friend’ or guardian, of a minor, in a suit

(a) stands discharged automatically on attaining majority

(b) can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge

(c) can be discharged if the minor on attaining majority elects to continue with the suit but does

not apply for the discharge of next friend or guardian

(d) all the above.

429. A ‘next friend’, under Order XXXII, Rule 8 of CPC can retire

(a) without first procuring a fit person to replace him but not without giving security for cots already incurred

(b) not without first procuring a fit person to replace him and also not without furnishing security for costs already incurred

(c) not without first procuring a fit person to replace him but without furnishing security for costs already incurred

(d) without first procuring a fit person to replace him and without furnishing security for cost already incurred.

430. Under Order XXXII, Rule 9 of CPC, a ‘next friend’ of a minor can be removed

(a) if he ceases to reside in India during the pendency of the suit

(b) where the interest of next friend becomes adverse to that of the minor

(c) where the next freeing does not do his duty

(d) all the above.

431. Provisions relating to suits by indigent person are contained in

(a) Order XXXII of CPC

(b) Order XXXIII of CPC(c) Order XXXIV of CPC(d) Order XXXV of CPC.

432. A person is an indigent person within the meaning of Order XXXIII, Rule 1 of CPC, if he is not possessed of

(a) sufficient means to pay the fee payable on the plaint

(b) any means to pay the fee payable on the plaint

(c) sufficient means for his livelihood(d) all the above.

433. Application for permission to sue as a pauper is to be presented by

(a) persons himself(b) an authorised agent(c) either (a) or (b)(d) only (a) & not (b).

434. While determining ‘sufficient means’ of a person

(a) property exempt from attachment in execution of a decree is to be excluded

(b) property exempt from attachment in execution of a decree is not to be excluded

(c) property exempt from attachment in execution of a decree may or may not be excluded


435. A permission to sue as pauper once granted, under Order XXXIII, Rule 9 of CPC

(a) can never be withdrawn(b) can be withdrawn generally(c) can be withdrawn under certain

circumstances only(d) either (a) or (b).

436. Under Order XXXIII, Rule 9 of CPC, permission to sue as pauper can be withdrawn

(a) if the plaintiff is guilty of vexatious or improper conduct in the course of the suit

(b) if the plaintiff has entered into an agreement with reference to subject-matter of the suit creating an interest in that person


437. In a plaintiff succeeds in the suit permitted to be instituted as pauper, under Order XXXIII, Rule 10 of CPC, the fee payable on the plaint shall be recoverable from

(a) the plaintiff(b) the defendant(c) any party ordered by the decree

to pay the same(d) only plaintiff & none else.

438. If a pauper suit abates on the death of the plaintiff, under Order XXXIII, Rule 11A of CPC, the fee payable on the plaint shall be recoverable from

(a) the defendant

(b) the estate of the deceased plaintiff

(c) the public exchequer(d) either (a) or (b) or (c).

439. Rejection of an application for permission to sue as a pauper

(a) bars a fresh application on the same cause of action

(b) does not bar a fresh application as the same cause of action if moved alongwith amended schedule of property

(c) does not bar a fresh application on the same cause of action with the leave of the court

(d) does not bar a fresh application at all.

440. In case the application for permission to sue as pauper is allowed, the suit is deemed to have been instituted

(a) on the date of presentation of the application for permission to sue as a pauper

(b) on the date on which the permission to sue as pauper granted

(c) either (a) or (b) as directed by the court

(d) only (b) & not (a).

441. In case the application for permission to sue as pauper is rejected, the suit is deemed to have been instituted, under Order XXXIII, Rule 15A of CPC

(a) on the date on which the permission to sue as pauper refused

(b) on the date on which the court fee is paid

(c) on the date on which the application for permission to sue as pauper was presented

(d) either (a) or (b) or (c) as directed by the court.

442. Permission under Order XXXIII of CPC can be granted

(a) to sue(b) to plead a set-off(c) to plead a counter-claim(d) all the above.

443. Summary procedure in relation to suits has been provided

(a) under Order XXXV of CPC(b) under Order XXXVII of CPC(c) under Order XXXVIII of CPC(d) under Order XLIV of CPC.

444. A suit under Order XXXVII can be filed in

(a) Courts of Small Causes(b) City Civil Courts(c) High Courts(d) all the above.

445. A suit under Order XXXVII can be filed on the basis of

(a) bills of exchange(b) hundies(c) promissory notes(d) all the above.

446. A suit under Order XXXVII cannot be filed on the basis of

(a) an enactment(b) a guarantee (c) both (a) and (b)(d) neither (a) nor (b).

447. Which of the following can be contemplated as written contracts under Order XXXVII of CPC

(a) bills/invoices(b) acknowledgement or a signed

statement of account(c) both (a) and (b)(d) neither (a) nor (b).

448. An order refusing the leave to defend under Order XXXVII of CPC can be

(a) challenged before the court passing the order

(b) challenged through appeal(c) challenged through revision(d) either (a) or (b) or (c).

449. A decree passed in a suit under Order XXXVII of CPC due to non-applying for leave to defend may be set aside

(a) under Order IX, Rule 13 of CPC(b) under Order XXXVII, Rule 4 of CPC(c) under Order XXXVII, Rule 7 of CPC(d) either (a) or (b) or (c).

450. The power under Order XXXVII, Rule 4 of CPC is

(a) confined to setting aside the ex-parte decree

(b) not confined to setting aside the ex-parte decree and extends to staying or setting aside the execution but not to giving leave to appear and defend the suit

(c) not confined to setting aside the ex-parte decree, and extends to staying or setting aside the exemption and giving leave to appear and defend the suit

(d) confined to staying or setting aside the exemption.

451. A ex-parte decree passed under Order XXXVII of CPC can be set aside under Order XXXVII, Rule 4

(a) under special circumstances(b) on showing sufficient cause as

con-templated under Order IX, Rule 13 of CPC

(c) under general circumstances(d) either (a) or (b) or (c).

452. In an application under Order XXXVII, Rule 4 of CPC for setting aside the ex-parte decree, the defendant has to show

(a) special circumstances which prevented him from appearing or applying for leave to defend

(b) facts which would entitle him to leave to defend

(c) both (a) and (b)(d) either (a) or (b).

453. In a suit under Order XXXVII, Rule 2 of CPC the defendant has to put in appearance within

(a) 10 days of service of summon(b) 15 days of service of summon(c) 30 days of service of summon(d) 60 days of service of summon.

454. Delay in putting in the appearance in a suit under Order XXXVII

(a) cannot be condoned(b) can be condoned as a matter of

right(c) can be condoned on sufficient

cause being shown(d) either (a) or (b).

455. Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of CPC

(a) within 60 days of service of summon for judgment

(b) within 30 days of service of summon for judgment

(c) within 10 days of service of summon for judgment

(d) within 7 days of service of summons for judgment.

456. A leave to defend may be(a) refused(b) granted unconditionally(c) granted conditionally(d) either (a) or (b) or (c).

457. The delay in applying for leave to defend

(a) can be condoned generally(b) can be condoned on a sufficient

cause being shown

(c) cannot be condoned under any circumstances


458. Under Order XXXVII, Rule 3 of CPC the delay upto

(a) 10 days is condonable(b) 30 days is condonable(c) 90 days is condonable(d) no limit has been prescribed.

459. If a defendant fails to put in appearance or fails to apply for leave within the statutory period, the suit is liable to be

(a) stayed(b) dismissed(c) decreed(d) either (a) or (b).

460. Period of limitation for filing a summary suit is(a) 6 months from the date when

the debt becomes due & payable(b) one year from the date when

the debt becomes due to payable

(c) two years fro the date when the debt becomes due and payable

(d) three years from the date when the debt becomes due and payable.

461. Right to appeal is(a) statutory right(b) natural right(c) inherent right(d) all the above.

462. Right to appeal is to be governed by

(a) the law prevailing at the time of pronouncement of judgment

(b) the law prevailing at the time of institution of the suit

(c) the law prevailing on the date of appeal

(d) the law prevailing on the last day of limitation for filing an appeal.

463. Right to appeal from every original decree has been provided under


464. Under section 96 of CPC, no appeal can be filed

(a) against a compromise decree(b) against a decree in any suit

cognizable by the courts of Small Causes, except on a question of law

(c) both (a) & (b)(d) only (a) is correct and (b) is

incorrect.

465. Under section 96, an appeal can be preferred against a decree

(a) by parties to the suit(b) by strangers/third parties

generally(c) by the strangers to the suit with

the leave of the court(d) all the above.

466. An appeal from a decree passed in appeal has been provided

(a) under section 97 of CPC(b) under section 98 of CPC(c) under section 99 of CPC(d) under section 100 of CPC

467. Under section 100 of CPC, second appeal lies to

(a) the court of the District Judge(b) the High Court(c) the Supreme Court(d) either (a) or (b) or (c).

468. Second appeal under section 100 of CPC lies

(a) on question of facts(b) on substantial questions of law(c) on mixed question of law & fact(d) all the above.

469. Provisions relating to appeal from original decree are contained in

(a) Order XL of CPC(b) Order XLI of CPC(c) Order XLII of CPC(d) Order XLVII of CPC.

470. Under section 100 of CPC, a second appeal can be

(a) partly admitted & partly rejected(b) admitted in its entirety(c) rejected in totality(d) either (b) or (c).

471. Which of the following is incorrect(a) second appeal lies in a suit

cognizable by the courts of small

causes, when the subject-matter of original suit does not exceed Rs. 3,000

(b) no second appeal lies in a suit cognizable by courts of small cause when the subject matter of original suit does not exceed Rs. 3,000

(c) in second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below

(d) both (a) & (b).

472. Appeals can be preferred against(a) decree(b) order(c) both decree & order(d) only decree & not order.

473. Pauper appeals have been provided

(a) under Order XLII of CPC(b) under Order XLIII of CPC(c) under Order XLIV of CPC(d) under Order XLV of CPC.

474. A reference under section 113 of CPC can be made to the

(a) Court of District Judge(b) High Court(c) Supreme Court(d) all the above.

475. Reference means

(a) the orders given by the High Court to the courts subordinate to the High Court

(b) the opinion sought of the High Court by the court subordinate thereto on a question of law

(c) the question sought of the High Court by the Courts subordinate thereto on a question of fact


476. Review of a judgment has been provided


477. A judgment passed court can be reviewed

(a) by the court passing the judgment

(b) by the court of District Judge(c) by the High Court(d) by the Supreme Court.

478. Review is maintainable(a) when an appeal is provided, but

no appeal preferred(b) when no appeal is provided(c) both (a) & (b)(d) only (a) & not (b)

479. Grounds for review have been provided under

(a) Order XLVII, Rule 1 of CPC(b) Order XLII, Rule 1 of CPC(c) Order XLIII, Rule 1 of CPC

(d) Order XLIV, Rule 1 of CPC.

480. A judgment can be reviewed on the ground of

(a) discovery of new & important evidence, not within the knowledge of the party concerned

(b) mistake of error of fact or law on the face of the record


481. Section 115 of CPC provides for(a) reference(b) review(c) revision(d) appeal to the Supreme Court.

482. Under section 115 of CPC, the revisional jurisdiction is with

(a) the High Court(b) the court of the District Judge(c) the court of small causes(d) all the above.

483. Section 115 applies to(a) exercise of jurisdiction not vested

in a court(b) non-exercise of jurisdiction

vested in a court(c) irregular exercise of jurisdiction

vested in the court(d) all the above.

484. Remedy of revision is not available (a) in order from which an appeal lies(b) in interlocutory order


485. Doctrine of restitution is contained in


486. Section 144 of CPC(a) confers a new substantive right(b) is exhaustive (c) is equitable in nature(d) all the above.

487. Restitution under section 144 of CPC can be

(a) against a party to the suit(b) against sureties (c) both (a) & (b)(d) neither (a) nor (b).

488. Right to lodge a caveat has been provided under

(a) section 148 of CPC(b) section 148A of CPC(c) section 148B of CPC(d) section 147 of CPC.

489. A caveat shall not remain in force after the expiry of


490. Lodging of caveat under section 148A of CPC

(a) entitles the caveator to receive notice of the application

(b) makes the caveator a party to the suit


491. Court fee on a plaint can be permitted to be paid on a subsequent date


492. Under section 149 of CPC on payment of court fee on a subsequent date

(a) the document shall have the same effect on if the court fee were paid at the first instance

(b) the document shall not have the same effect on if the court fee were paid at the first instance

(c) the document shall have the effect as directed by the court


493. Inherent powers of the court are contained in


494. Inherent powers under section 151 of CPC are

(a) discretionary in nature(b) in addition to the power

conferred under the other provision of the Code


495. Appeal from original decree lies(a) on question of facts(b) on question of law(c) both question of law and

question of facts(d) all the above.

496. A letter of request under section 77 of CPC, to examine a witness can be issued by the court

(a) in lieu of issuing a commission(b) in addition to issuing a

commission(c) either (a) or (b)(d) neither (a) nor (b).

497. A letter of request in lieu of issuing a commission to examine a witness, under section 77 of CPC can be issued in respect of a person

(a) residing at any place within India(b) not ordinarily residing at any

place within India(c) residing at any place not within

India(d) either (a) or (b) or (c).

498. 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 of CPC, execution shall not be issued on any such decree

(a) unless the decree remains unsatisfied for a period of three months from the date of the decree.

(b) unless the decree remains unsatisfied for a period of six months from the date of the decree

(c) unless the decree remains unsatisfied for a period of the one year from the date of the decree

(d) unless the decree remains unsatisfied for a period of two years from the date of the decree.

499. Who amongst the following under section 83 of CPC cannot sue in any court

(a) alien enemy residing in India with the permission of the Central Government

(b) alien enemy residing in a foreign country

(c) alien friend(d) neither (a) nor (b) nor (c).

500. Under section 83 of CPC, an alien enemy residing in India without the permission of the Central Government

(a) can sue in any court only with the permission of the Central Government

(b) can sue in any court with the permission of the State Government of the State where he is residing

(c) either (a) or (b)(d) cannot sue in any court at all.

501. Section 89 of CPC provides for(a) settlement of dispute outside

court(b) settlement of dispute through

court(c) settlement of dispute through

village panchayat(d) all the above.

502. Under section 89 of CPC, the court can refer the dispute for settlement outside the court

(a) if the dispute is of short term(b) if there exist elements of

settlement which may be acceptable to the parties

(c) if the dispute is a petty dispute(d) all the above.

503. Where a dispute is referred by the court under section 89 of CPC, for mediation the proceedings shall be governed by

(a) the provision of the Arbitration and Conciliation Act, 1996

(b) the provision of the Legal Services Authority Act, 1987


504. Where, in any suit in which an arrest or attachment has been effected or a temporary injunctions granted, the court, under section 95 of CPC can order for payment of compensation to the defendant against the plaintiff in case

(a) where such arrest, attachment or injunction was applied for on insufficient grounds

(b) where the suit of the plaintiff fails and it appears that there was no reasonable or probable grounds for instituting the same


505. Where an order for compensation against the plaintiff is passed under section 95 of CPC, section 95(2) of CPC provides that

(a) a suit for compensation in respect of such arrest, attachment or injunction lies

(b) a suit for compensation in respect of such arrest, attachment or injunction is barred

(c) the amount of compensation awarded shall be adjusted in the amount of compensation awarded in a suit for compensation in respect of such arrest, attachment or injunction

(d) the amount of compensation awarded shall be of no consequences and the court can award compensation independently in a suit for

compensation in respect of such arrest, attachment or injunction.

506. No appeal can be filed, as provided under section 96(4) of CPC, against a decree in any suit cognizable by the Courts of Small Causes except on a question of law, where the value of the subject-matter of the original suit does not exceed

(a) Rs. 3,000(b) Rs. 5,000(c) Rs. 5,000(d) Rs. 10,000(e) Rs. 25,000.

507. Under Order IV, Rule 1(3) of CPC, a plaint shall not be deemed to be properly instituted if it does not comply with the rules contained in

(a) Order IV, Rule 1(1) and 1(2) of CPC

(b) Order VI of CPC(c) Order VII of CPC(d) either (a) or (b) or (c).

508. Order V, Rule 9(3) of CPC provides for service of summons to the defendant by

(a) registered post acknowledgement due

(b) speed post (c) courier services(d) either (a) or (b) or (c).

509. Under Order V, Rule 9(3) of CPC, summon to defendant can be served through

(a) courier services(b) fax messages or electronic mail

services(c) either (a) or (b)(d) neither (a) nor (b).

510. Under Order V, Rule 9A of CPC, summons for serving on the defendant, can be delivered to

(a) the courier services(b) the plaintiff(c) the process officer(d) either (a) or (b) or (c).

511. Dasti summons for serving on the defendant(s) can be given to the plaintiff by virtue of

(a) Order V, Rule 9A of CPC(b) Order V, Rule 9 of CPC(c) Order V, Rule 7 of CPC(d) Order V, Rule 6 of CPC.

512. Summons for serving on defendant(s) can be issued and delivered to the plaintiff under Order V, Rule 9A of CPC,

(a) in lieu of summons issued and delivered under Order V, Rule 9 of CPC

(b) in addition to the summons issued and delivered under Order V, Rule 9 of CPC

(c) after the summons issued and delivered under Order V, rule 98 of CPC remained unserved

(d) after the summons issued and delivered under Order V, Rule 9 of CPC has been refused.

513. Under Order V, Rule 9A of CPC, where the summons has been issued and delivered to the plaintiff for service on defendant(s) is refused unserved with the endorsement ‘refused’, the court

(a) shall declare that the summons has been duly served on the defendant(s)

(b) may declare that the summons had been duly served on the defendant(s)

(c) re-issue the summons to be served by the court


514. The provision for substituted service of summons on the defendant(s) has been made under

(a) Order V, Rule 19 of CPC(b) Order V, Rule 19A of CPC(c) Order V, Rule 20 of CPC(d) Order V, Rule 21 of CPC.

515. Where the defendant resides out of India the summons shall be addressed and sent to him under Order V, Rule 25 of CPC,

(a) through post(b) through any court having

jurisdiction in the place where the defendant resides

(c) through the High Court in the place where the defendant resides


516. Under Order VI, Rule 17 of CPC, an application for amendment of pleadings can be allowed

(a) before the commencement of trial

(b) after the commencement of trial(c) either before or after the

commencement of trial(d) no such condition is required.

517. Under Order VI, Rule 18 of CPC, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court

(a) can be extended upto a maximum period of 14 days from the date of order, if no time is limited

(b) can be extended upto a maximum period of 30 days from the date of order, if no time is limited

(c) can be extended without any maximum limit

(d) cannot be extended at all.

518. Where the court orders for issuance & service of summons on the defendant(s), under required to present the copy(ies) of the plaint alongwith the requisite fee, within

(a) 7 days of the order(b) 10 days of the order(c) 14 days of the order(d) 15 days of the order.

519. A private transfer or delivery of the property attached made in pursuance of any contract for such transfer or delivery entered into an

registered before the attachment, by virtue of section 64(2) of CPC, shall be

(a) void(b) voidable(c) valid(d) invalid.

520. Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of CPC from the date of the order of serving of summons on the defendant, the plaint is liable to be

(a) rejected(b) dismissed for non-prosecution(c) dismissed in default(d) neither (a) nor (b) nor (c).

521. A defendant is required to file a written statement of his defence within 30 days from the date of service of summons as provided under

(a) Order V, Rule 1 of CPC(b) Order VIII, Rule 1 of CPC(c) Order VIII, Rule 10 of CPC(d) all the above.

522. If a defendant fails to file the written statement within 30 days from the date of service of summons, the court for the reasons to be recorded in writing can allow him to file the same, within

(a) 90 days from the date of service of summons

(b) 90 days from the date of expiry of 30 days from the date of service of summons

(c) 90 days from the date of the institution of the suit

(d) 30 days from the date of expiry of 30 days from the date of service of summons.

523. In case of failure of the defendant to file the written statement within 30 days from the date of service of summons, the court can allow the defendant to file the same at a later date as prescribed under

(a) Order V, Rule 1 of CPC(b) Order VIII, Rule 1 of CPC(c) Order VIII, Rule 10 of CPC(d) all the above.

524. Under Order VIII, Rule 1A of CPC, if a document is not filed alongwith the pleadings, at the hearing of the suit, such document shall not without the leave of the court, be allowed to be received in evidence

(a) on behalf of the plaintiff(b) on behalf of the defendant(c) on behalf of either plaintiff or

defendant(d) on behalf of a third party.

525. Where a defendant has not filed a document/documents alongwith the written statement, under Order

VIII, Rule 1A(4) of CPC, the defendant is

(a) precluded from producing the same for the cross-examination of plaintiff’s witnesses

(b) precluded from handing over the same to the witness to refresh his memory


526. Subsequent to the filing of written statement, under Order VIII, Rule 9 of CPC, the defendant

(a) can file the pleadings by way of defence of set-off or counter-claim without the leave of the court

(b) can file the pleadings by way of defence of set-off or counter-claim only with the leave of the court

(c) cannot file any pleadings by way of defence of set-off or counter-claim at all

(d) only (c) and not (a) or (b).

527. When the court requires a written statement or additional written statement from any of the parties, under Order VII, Rule 9 of CPC, the same can be presented within

(a) 30 days from the date of the order

(b) 15 days from the date of the order

(c) 14 days from the date of the order

(d) 7 days from the date of the order.

528. Where the plaintiff fails to pay the court-fee or postal charges or to present the copies of the plaint, for service of summons to the defendant, but the defendant, appears in person, the suit of the plaintiff is liable to be


(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC

(c) dismissed in default under Order IX, Rule 3 of CPC


529. A fresh suit on the same cause of action is not barred when


(b) dismissed under Order IX, Rule 2 of CPC

(c) dismissed under Order IX, Rule 3 of CPC


530. A plea of ‘demurrer’ means that(a) the suit is barred by law for the

time being in force under Order VII, Rule 11(d) of CPC

(b) the suit is barred, the plaint being not supported by the affidavit as required under Order VI, Rule 15 of CPC

(c) the plaint does not disclose any cause of action

(d) the plaint has not been signed and verified by a competent person.

531. Where a summons to the defendant(s) is returned unserved, under Order IX, Rule 5 of CPC, the plaintiff has to apply for issuance of fresh summons to the defendant(s) within

(a) 14 days of the return(b) 7 days of the return(c) one month of the return(d) 15 days of the return.

532. Where the summons to the defendant(s) is returned unserved and the plaintiff fail to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be


(b) dismissed under Order IX, Rule 2 of CPC

(c) dismissed under Order IX, Rule 5 of CPC


533. Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of CPC, a fresh suit on the same cause of action is

(a) barred under Order IX, Rule 9 of CPC

(b) not barred under Order IX, Rule 9 of CPC

(c) barred under Order IX, Rule 5(2) of CPC

(d) not barred under Order IX, Rule 5 of CPC.

534. Under Order X, Rule 1A of CPC, the court can direct the parties to opt for any one mode of alternate dispute resolution

(a) at any stage of the proceedings(b) after recording the admissions

and denials(c) before recording the admissions

and denials(d) immediately on filing of the

written statement by the defendant(s).

535. A party can be called upon, to admit any document, by notice as provided under

(a) Order XII, Rule 2 of CPC(b) Order XII, Rule 1 of CPC(c) Order XII, Rule 4 of CPC(d) Order XII, Rule 3 of CPC.

536. Under Order XII, Rule 2 of CPC, a notice to admit any document can be given by

(a) plaintiff to the defendant(b) defendant to the plaintiff(c) either party to the other party(d) only (a) and not (b) or (c).

537. The time to be given to a party to admit any document, when called upon by the other party by notice, under Order XII, Rule 2 of CPC, is

(a) 15 days from the date of service of notice

(b) 7 days from the date of service of notice

(c) 10 days from the date of service of notice

(d) 30 days from the date of service of notice.

538. Any party to the suit, for the purposes of the suit only, under Order XII, Rule 4 of CPC

(a) can be called upon by the other party to admit facts

(b) can be called upon by the other party to admit any document

(c) can be called upon by the other party to produce the documents

(d) neither (a) or (b) or (c).

539. When a party is called upon by notice to admit fact(s) by the other party, under Order XII, Rule 4 of CPC, the party on whom the notice has been served has to admit the facts within

(a) 15 days of the service of notice(b) 9 days of the service of notice(c) 7 days of the service of notice(d) 6 days of the service of notice.

540. Admission of fact(s) once made under Order XII, Rule 4 of CPC, can be allowed to be

(a) amended(b) withdrawn(c) either (a) or (b)(d) neither (a) nor (b).

541. Order XII, Rule 8 of CPC pertains to(a) notice to admit document(s)(b) notice to admit fact(s)(c) notice to produce document(s)(d) both (a) and (b).

542. Under Order XIII, Rule 1 of CPC(a) that documentary evidence in

original shall be admitted the copies of which have been filed alongwith the plaint or the written statement

(b) that documentary evidence in original shall be admitted the copies of which may not have been filed alongwith the plaint or the written statement

(c) that documentary evidence in original shall be admitted which was in possession of the parties through the copies of the same may not have been filed alongwith the plaint or the written statement

(d) all the above.

543. Documents which are not admitted in evidence under Order XIII, Rule 7 of CPC, shall

(a) form part of the record(b) not form part of the record and

shall be returned to the party in whose name the same stand

(c) not form part of the record and shall be returned to the person(s) producing them


544. The expenses of a witness for whom the summons have to be obtained, is to be, under Order XVI, Rule 2 of CPC, borne

(a) by the plaintiff(b) by the defendant(c) by the party applying for the

summons(d) by the court.

545. Order XVII, Rule 1 of CPC restricts the number of adjournment to be granted to a party to

(a) five(b) four(c) three(d) two.

546. The court under Order XVII, Rule 1(2) of CPC, while granting adjournment can impose a cost

(a) occasioned by the adjournment(b) higher than the one occasioned

by the adjournment(c) either (a) or (b)(d) only (a) and not (b).

547. Order XVIII, Rule 2(3A) of CPC authorizes a party to file

(a) written arguments before the conclusion of the oral arguments

(b) written arguments after the conclusion of the oral arguments

(c) written arguments either before or after the conclusion of the oral argument

(d) written arguments only without any oral arguments.

548. The propositions are: Under Order XVII, Rule 2 of CPC

I. Written arguments can be filed before the conclusion of oral arguments

II. A copy of the written arguments shall be punished simultaneously to the other party

III. Adjournment shall be granted generally for the purpose of filing the written arguments

IV. The Court cannot fix any time-limit for oral arguments

Which of the following is correct in respect of the aforesaid propositions:

(a) I & III are correct, II & IV are incorrect

(b) I & II are correct, III & IV are incorrect

(c) I & IV are correct, II & III are incorrect

(d) III & IV are correct, I & II are incorrect.

549. Under Order XVIII, Rule 4(1) of CPC, the Examination-in-Chief of a witness shall be

(a) recorded by the Judge(b) recorded by the commissioner

appointed by the Court(c) on affidavit(d) either (a) or (b) or (c).

550. The proof and admissibility of the documents which are filed along with the affidavit, under Order XVIII, Rule 4(1) of CPC shall

(a) be subjected to the agreement between the parties

(b) be subjected to the orders of the court

(c) stand established(d) be conclusive.

551. The cross-examination of a witness in attendance whose Examination-in-Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of CPC shall be taken

(a) by the court(b) by the Commissioner appointed

by the court(c) either (a) or (b)(d) only (a) and not (b).

552. Under Order XVIII, Rule 4(4) of CPC, the objection raised during the recording of evidence by the Commissioner

(a) shall be recorded by him and decided by him

(b) shall be recorded by him and decided by the court at the stage of arguments

(c) shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence

(d) shall be recorded by him and decided by him in consultation with the court.

553. The Commissioner appointed for the purposes of recording evidence (cross-examination) is obliged to submit his report to the court appointing the commission within

(a) 15 days from the date of issue of the commission

(b) 30 days from the date of issue of the commission

(c) 60 days from the date of issue of the commission

(d) 90 days from the date of issue of the commission.

554. The Commissioner appointed under Order XVIII, of CPC of recording of evidence, is not empowered to record

(a) re-examination of a witness(b) decide objections raised during

the recording of evidence(c) both (a) and (b)(d) neither (a) nor (b).

555. Under Order XVIII of CPC, a Commissioner cannot be appointed to record

(a) cross-examination of a witness(b) re-examinaiton of a witness(c) both (a) and (b)(d) neither (a) nor (b).

556. Order XXVI, Rule 4A of CPC, empowers the court to issue commission in a suit, for examination of a person

(a) resident within the local limits of its jurisdiction

(b) residents beyond the local limits of its jurisdiction

(c) who is about to leave the local limits of its jurisdiction


557. For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission

(a) can be issued under Order XXVI, Rule 4 of CPC

(b) can be issued under Order XXVI Rule of CPC

(c) can be issued under either (a) or (b)

(d) cannot be issued under either (a) or (b).

558. Under Order XX< Rule 5 of CPC, the shall state its finding or decision

(a) only on the issues of law(b) only on the issues of facts(c) on each separate issue(d) only on the issues mixed of law

and

559. Order VI Rule 15 of CPC requires that

(a) the verification of the pleadings shall signed by the person making it

(b) the person verifying the pleadings also file an affidavit in support of verification


560. Supreme Court in which among following cases observed that CPC Amendment Acts of 1999 and 2002 constitutionally valid?

(a) Salem Advocate Bar Association, Tamil Nadu v. Union of India

(b) Delhi High Court Bar Association v. Union of India

(c) Allahabad High Court Bar Association Union of India

(d) Punjab & Haryana High Court Association v. Union of India.

561. “Recording of evidence can be done with the help of electronic media, audio or audio visual”, which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year

(a) 2001(b) 2002(c) 2003(d) 2004.

562. Non-joinder of parties is mixed question of law and fact and cannot be raised for first time in

(a) execution proceedings(b) special proceedings(c) suit(d) none of the above.

563. Under section …………………. Clerical and arithmetical mistakes in judgments can be rectified

(a) 152 CPC

(b) 150 CPC(c) 153 CPC(d) 153A CPC.

564. Under amendment of preliminary decree to incorporate interest portion in judgment of trial court not justified

(a) Order 6 Rule 17 CPC(b) Order 7 Rule 12 CPC(c) Order 8 Rule 13 CPC(d) Order 20 Rule 1 CPC.

565. Under section 152 CPC mistakes can be corrected in

(a) judgment(b) decrees(c) orders(d) all of the above.

566. The language of the judgment should be sober, temperature and clear. Use of abbreviation or code words should be

(a) used(b) conditionally used(c) strictly avoided(d) necessary.

567. Section 152 CPC empowers the court to correct

(a) clerical or arithmetical mistakes(b) accidental slips or omissions(c) any defect or error in proceedings(d) only (a) and (b).

568. The power under section 152 CPC can be exercised

(a) on the application moved by any party

(b) suo motu(c) either (a) or (b)(d) only (a) and not (b).

569. The provisions of Order 2 Rule 2 CPC are not applicable to a suit for sale in enforcement of the mortgage, in vie of


570. Under …………………... redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor


571. Under ………………….. in case of minors, being not represented by any guardian ad litem order passed in proceedings, would be void and illegal

(a) Order 32 Rule 1(b) Order 39 Rule 1(c) Order 40 Rule 1(d) Order 36 Rule 1.

572. Under ……………………. Party to the suit has to prove that inspite of due diligence he could not have raised

the matter before the commencement of trial


573. Under ……………………… suit by indigent person shall be deemed to be instituted on the date on which the application for permission to sue as an indigent person is filed

(a) Rules 8 and 15A of Order 33(b) Rules 7 and 15A of Order 33(c) Rules 6 and 15A of Order 33(d) Rules 5 and 15A of Order 33.

574. General power to amend any error or defect in any proceedings in a suit vests in the court by virtue of

(a) section 152 CPC(b) section 153 CPC(c) section 153A CPC(d) section 153B CPC.

575. If suit filed for injunction restrains from interfering with peaceful possession of property and amendment sought at the stage of cross-examination is contradictory with original pleadings, it would nullify advantage already accrued to plaintiff and prayer for amendment of written statement…………..

(a) can be allowed(b) cannot be allowed

(c) can be allowed after cross-examination

(d) can be allowed before cross-examination.

576. Jurisdiction of High Court under section 100 of CPC is to entertain a second appeal which

(a) involves a substantial question of law

(b) involves simple question of law not necessarily substantial

(c) involves of a question of fact(d) involves any of the above.

577. In which of the following cases the Supreme Court held that “None-payment of costs does not entail dismissal of suit.”

(a) Suman v. State, AIR 2010 SC 518(b) Manohar Singh v. D.S. Sharma,

AIR 2010 SC 508(c) Union of India v. Deepak Kumar,

AIR 2010 SC 462(d) State of Maharashtra v. Praka

Prahalad Patil, AIR 2010 SC 463.

578. In which case the Supreme Court held that section 100A of CPC which is substituted by CPC Amendment Act, 2002 will not have retrospective effect even though it brings within its told those appeals preferred prior to coming into force of the said Amendment Act.

(a) M. George v. State of Kerala, AIR 2007 SC 1034

(b) Jagjit Singh v. State of Haryana, AIR 2007 SC 59

(c) Meetu v. State of Punjab, AIR 2007 SC 758

(d) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663.

579. Amendment of plaint cannot be allowed after trial has commenced

(a) except in exceptional cases(b) under any circumstances(c) if the valuation of the suit is less

than Rs. 1000(d) if the suit calls for special

procedure.

580. Civil Suit for administration of assets belonging to living debtor

(a) is maintainable(b) is not maintainable (c) is maintainable at the option of

co-sharers(d) is maintainable at the option of

court.

581. Where a mortgagee obtains a decree for payment of money in satisfaction of claim arising under the mortgage

(a) he is entitled to bring the mortgage property to sale without instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC

(b) he is entitled to bring the mortgage property to sale only by instituting a suit for sale in

enforcement of the mortgage under Order 34 Rule 14 CPC

(c) he is entitled to bring the mortgage property to sale in execution proceedings


582. A decree may be executed by(a) Tehsildar(b) Collector(c) District Judge(d) either by the court which passed

it or to which it is sent.

583. A person may sue a foreign State(a) with the consent of the State

Government(b) only with the consent of the

Central Government(c) with the consent of the Central or

State Government(d) with the consent of the President

of India.

584. Under which provision of CPC the court has jurisdiction to reject the plaint, which does not disclose a cause of action or where there is suppression of material fact.


585. Any order or decree obtained by practicing fraud is

(a) subject to review(b) valid

(c) voidable(d) nullity.

586. Decree means(a) formal expression of an

adjudication(b) informal expression of an

adjudication(c) formal expression of an

adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order


587. A decree can be(a) preliminary(b) final(c) either preliminary or final(d) only final and not preliminary.

588. In which of the following cases it was held that “The second appeal is permissible only if finding is perverse”?

(a) Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679

(b) State v. M.L. Keshari, AIR 2010 SC 2587

(c) Bimlesh v. New India Assurance Co. Ltd., AIR 2010 SC 2591

(d) Dasrath v. State of Madhya Pradesh, AIR 2010 SC 2592.

Answers*

The code of civil procedure, 1908

1. (b)

2. (c)

3. (c)

4. (d)

5. (a)

6. (c)

7. (a)

8. (b)

9. (a)

10. (c)

11. (b)

12. (c)

13. (c)

14. (d)

15. (d)

16. (d)

17. (a)

18. (b)

19. (c)

20. (d)

21. (c)

22. (d)

23. (b)

24. (d)

25. (d)

26. (c)

27. (a)

28. (c)

29. (a)

30. (d)

31. (b)

32. (a)

33. (b)

34. (c)

35. (c)

36. (c)

37. (c)

38. (a)

39. (a)