Max Marks: 80

Instructions

1. All questions are compulsory
2. All questions carry equal marks
3. Write your name and Phone number

Civil Law

1. Write a short note on the following:

1) Doctrine of Quantum Meruit 2) Will-full default

1. Distinguish between the following:

1) Relevant fact and fact in issue 2) License and Lease

III. Comment about the following:

1) Once a Mortgagor is always a mortgagor

2) Having a legal right and right to sue are not one and the same

1. Write about the following:

1)  Explain about Inherent Jurisdiction of a Civil court?

2)  How to prove an attested document especially WILL?

Criminal Law

1. Write a short note on the following:

1)  Expert Opinion  2) S.313 Cr.P.C

1. Distinguish between the following:

1) Robbery by theft and Robbery by Extortion

2)  Warrant case and Summons case

III. Comment about the following:

1) Cognizance and Cognizable case are two different words

2)  Every kind of intoxication exempts a person from criminal liability

IV. Write about the following:

1) Write a about Right of Private defense

2) Write about s.41A Cr.P.C?

FREE GUIDANCE FOR JR.CIVIL JUDGE (MAINS) EXAM

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2. The theory examination and interview will be conducted completely in accordance with the mode prescribed by High court of Hyderabad in its present notifications.
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CANDIDATE PROFILE

 




Prelims Jr.Civil Judge Exam by High court of Hyderabad on 12/07/2015

DISCLAIMER

Dear aspirant, 

PALSAR with the aid of its students from their memory could gather following questions asked in the exam. Apart from that it suggested safest answers and we claim no responsibility of their correctness and it is subject to decision of the High court.  This is only for educational purpose and for no other reason.

*********************************************************************************************************

Prelims Jr.Civil Judge Exam by High court of Hyderabad on 12/07/2015

1. S.72 of Contract Act deals with unjust enrichment
2. Court is under an obligation to apply S.10 of CPC. It is mandatory.
3. Adultery u/S.497 IPC is punishable is with five years imprisonment
4. Third days is the imprisonment for non-payment of maintenance u/S.125 Cr.P.C
5. Under Cr.P.C District & Sessions Judge has no power to quash the F.I.R.
6. 376 (d) : It is about rape on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or    S.376(g):–  commits rape during communal or sectarian violence.
7. Husband is not entitled to maintenance u/S.125 Cr.P.C.
8. The mother can acquire property of her daughter, who died intestate provided following are not there:   1) Sons, 2) Daughters or children of Sons and Daughters and 3) Husband.
9. S.191 IPC defines perjury (false evidence) and it is punishable u/S.193 IPC
10. An offence can be compounded provided it is listed u/S.320 Cr.P.C
11. S.38 of Specific relief Act sets out grounds for granting Perpetual injunction
12. S.31 Specific Relief Act talks about cancellation of instrument or decree.
13. Restitution of conjugal right petition can’t be allowed in favour of HIV patient
14. S.27 of limitation act talks about extinguishment of right in property upon expiry of limitation period.
15. The period for acquisition of Easement by way of prescription over government property is thirty years.
16. Time for issuing statutory notice in case of dishnonour of cheque is thirty days.
17. In a Suit for specific performance of contract plaint shall aver and prove readiness and willingness as per S.16(c) of the Specific Relief Act.
18. O.6 R.17 CPC- Amendment of pleadings can be allowed at any stage provided court comes to conclusion that despite exercise of due diligence the party could not have raised before commencement of trial.
19. There is no 1^st appeal against a claim whose value of subject matter is less than Rs.10,000/-
20. Suit has to be instituted in lowest court of pecuniary limits or lowest grade which has a competency to try – S.15 CPC.

21. A files a suit and was returned to comply with certain objections within 15 days but forgot to file within 15 days then the court to may permit for extension of time u/s. 148 of CPC.
22. Clerical and arithmetical errors can be carried out even after pronouncement of judgment (S.154 CPC).
23. Court has power to condone delay in appeals filed u/o 41.R 3A CPC.

24. In offences u/s 354 or 376 IPC, evidence of the character of the victim of or such person’s previous sexual experience with any other person is not relevant.
25. Accused Good character is relevant.
26. S.11 IEA- Facts which are inconsistent with fact is issue are relevant
27. Preparation is also punishable with respect to certain offences.
28. The punishment for attempt to commit offence is ½ of the punishment provided for that offence.
29. Rent control act is not applicable to rent exceeding Rs.3500/- Hence, for rent of Rs.4000/- it is not applicable.
30. Will must be in writing and attestation is mandatory. Registration is optional.
31. Plaint shall contain material facts but not evidence or law
32. Industrial disputes Act bars Jurisdiction of civil court.
33. As per Cr.P.C complaint can either oral or written to a magistrate. It shall not be to a police.
34. Extra-judicial confession is not substantive piece of evidence
35. A judgment passed by a court having no jurisdiction doesn’t operate as resjudicata
36. Inquest speaks about apparent cause of death.
37. Agent can’t appoint sub-agent unless expressly permitted.
38. O.I Rule.8 talks about representative suit.
39. Mutatis mutandis phrase meaning “the things being changed which need to be changed” or more simply “the necessary changes having been made”.
40. Unduly stamped document can be impounded by any public servant or court but not police officer.
41. Agent damaged the property of other in the course of his duties and in such case principal is liable.
42. Person dispossessed from immovable property must file a case within six months as per S.6 of the Specific relief Act.
43. Where in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence – U/s 319 Cr.P.C
44. S.138 is a Compoundable offence
45. Injury under IPC relate to: mind, body, reputation, property.
46. Inconsistent pleas can be raised in written statement
47. As per Rule.37 of Criminal rules of Practice one accused can represent the other accused.
48. Seven years boy committed an offence, he is exempted from criminal liability as S.82 IPC
49. A married B, later child ‘C’ was born to them. Thereafter marriage is declared as void, however, child remains to be Legitimate (S.16 Hindu Marriage Act,1955).
50. Will need not be registered
51. Third party exhibits are marked in X series.
52. A sold motor car to C. Registration is not required. It is a movable property.
53. In Mortgage registration and attestation are mandatory.
54. S.10(c) grounds for eviction under rent control Act – armed forces.
55. For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed, — 12 years
56. Section 5 of Limitation Act does not apply to – Provisions of O.XXI CPC.
57. The jurisdiction to decree specific performance is – Discretionary.
58. Hindu Marriage Act is not applicable to – Parsis
59. If either of the party to has marriage has spouse at the time of marriage, it is Void Marriage.
60. Marriage occurred due to fraud – Voidable
61. Cancer is not a ground for divorce.
62. Desertion for two years is a Ground for divorce.
63. Maintenance pendete lite and expenses of proceedings can be filed u/s 24 of HMA by   — Either wife or husband.
64. Judicial work can be done on holiday in exceptional circumstances with the consent of both the parties.
65. After conclusion of trial and arguments, the court came to know that court has no jurisdiction and in such case, Suit has to be returned to file before proper Court.
66. The fair copy of judgment required for record in the Court shall be prepared within five days.
67. Normally, in civil cases when judgment is reserved, it shall pronounce within thirty days.
68. Execution of probate of wills is Optional.
69. Execution of Perpetual injunction shall be under – O.21 Rule.32 CPC
70. Books of Accounts is not liable for attachment S.60 CPC.
71. As per S.80 CPC notice is mandatory to file a suit against the Government.
72. A suit to be filed by or against the Central Government Union Govt. represented by the Secretary to the government. .
73. Public interest litigation under CPC can be filed – U/s 91 CPC
74. A person files a suit for several reliefs but omits to seek to certain reliefs and as such subsequently, he is barred from claiming reliefs which were omitted.
75. Doctrine of “Non-Traverse”:- O.VIII Rule.3, 4 & 5 CPC.
76. Orders passed by the Civil Court u/O.21 R.97 are subject to Revision only.
77. Execution of mortgage deed may be at place where immovable property is situated.
78. The easement by prescription cannot be granted for Easement by utilizing ground water
79. Acquisition of easement by prescription – Twenty years
80. U/s. 10(3) of R.C.Act who can be put into possession – Land Lord
81. A contract which is not void generally – Valid Contract.
82. In a contract, though penalty is agreed, for breach of contract, court ahs discretion either to award such penalty or such reasonable compensation not exceeding the amount so fixed for.
83. M direct N to damage the house of C and M says he will indemnify for the consequences to N. N damages house of O. Then M is liable for damages to O
84. The liability of sureties is co-extensive with that of Principal Debtor (S.126 of Contract Act)
85. Novation means – Substitution of new contract with the old one
86. The agreement of sale is doesn’t create charge or interest over the immovable property. However, if the seller wrongfully declines to deliver the property, buyer has charge over the property to the extent of pre-paid purchase money.
87. Mortagor transfer his property with a condition that it shall be re-transferred after payment of due amount – English Mortgage.
88. Motive and preparation are – Relevant facts
89. If a document is required by law to be attested then atleast one attester shall testify
90. Attesstor need not know the contents of the documents.
91. A court has passed orders for permanent maintenance and filed a petition after 3 or 4 years to enhance maintenance. Whether it is maintainable – Yes
92. Police has no power to re-investigate the case after filing charge sheet.
93. The Magistrate can dispense with the personal attendance of the accused and permit him to appear by his pleader as per S.205 Cr.P.C.
94. The offence u/s 497 is compoundable with the permission of the Court.
95. The High court and sessions court has power of revision in Criminal cases.
96. A finds a key of Z’s house door, which Z had lost, and commits house trespass having opened the lock with key. – House breaking
97. Conviction can be given basing on sole testimony of dying declaration.
98. The court has to make copy of the judgement made available to the parties within five days of its pronouncement.

Dear friends,

PALSAR is thankful to the following for their help and support in placing the above questions and probable answers. Their names are: Mr.Shravan Kumar, Nageshwar rao, Barghavi, Fathima. Keep it up. We hereby inform everyone that anyone having any doubt can raise their legal question only and can be answered by any one. We hereby inform one and all that PALSAR is only a facilitator.

Thank you so much to all of you.

PALSAR.

Revised Key For Certain question in Mock Tests




Students raised doubts and pointed out mistakes in key w.r.t certain questions and they are hereby clarified.  They are hereunder:

Mock Test-I

Q.36.What is not true?
(a) Witness may be cross-examined as to previous statement in writing
(b) Leading question may be asked in cross-examination
(c) Person called to produce document can be cross-examined
(d) Party calling the witness may cross-examine him with the permission of Court
Comment : The Correct answer is Option “C”.  S.139 Evidence Act. It says Person called to produce document doesn’t become a witness. Hence, he can’t be be cross-examined and as such the statement mentioned in option c of Q.36 of Mock test-I wrong. Hence, the answer given by us as option B is wrong. we hereby correcting it. We regret. Thank you.

60. A lease of immoveable property does not determine:-
    (a) By efflux of the time limited thereby (b) on death of the lessor (c) By surrender
    (d) Where such time is limited conditionally on the happening of some event by the happening of such time.
    Comment: The appropriate option is b only but not a.  It is evident from S.111 of Transfer of Property Act. We regret.                                                                                                                                                                                                                                                                                   73.A, a tradesman leaves his goods at B’s house by mistake B uses the goods as his own. Then :-
    (a) B need not pay to A, provided it is gratuitous act
    (b) B is bound to pay A, provided it is non-gratuitous act
    (c) A & B are right  (d) None of the above

Comment: Let us read S.70 of Contract Act. It speaks as follows:
“Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered”.
Thus central point to be determined to seek compensation is whether act is done gratuitously or not. If it is, he can seek compensation, otherwise not. In our question option (a) says B need not pay if it gratuitous and if it is not gratuitous B has to pay. This is option (b). Hence, both are right answers. The intention of A in preserving the goods is the central criteria. Intention is gathered from facts and circumstances and relationship of the parties.

93.Question which shall be determined by the court executing decree :-
(a) Decree obtained by fraud
(b) Whether any person is or is not the representative of a party
(c) Decree obtained by Collusion  (d) None of these
 Comment: The appropriate option is b only but not a.  We regret.

Mock Test-II

Q.47. Leading question:-

(a) May be asked in examination in chief (b) May be asked in cross examination
(c) May be asked in re-examination (d) Cannot be asked in any circumstances
Comment:  It’s a tricky question. The answer can be option’s A, B and C also.  However, it must be noted that usually leading questions can be asked only in Cross examination. In Examination-in-chief or re-examination, they can be asked only under specified circumstances like: Duly proved facts, admitted facts, introductory facts.  If in examination, this kind of question is asked mark that it is in cross-examination.  

82.In case of a gift if the donee must accept the gift: –

(a) During the life time of the donor  (b) He is competent to contract

(c) He must be have transferrable right over the property   (d) All the above

Comment: The right answer is option (d) All must be fulfilled .. it is not Mere competence . Read S.122 provio of T.P.Act in conjunction with S.7 of the T.P.Act. The answer is not b, it is option d.

98. 98.A gives a lakh of rupees to B, reserving to himself, with B’s assent the right to take back Rs. 10,000 at pleasure out of that amount This gift is :-
    (a) Absolutely Valid (b) Absolutely Invalid (c) This cannot be said to a gift (d) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000.                           

Comment: The right answer is Option (d) But not (c).  Because, to the extent of Rs.10,000 only, it depends upon the will of the donor and as such to that extent only it becomes void. In this connection it must be informed that to the extent up to which it becomes depend upon the will of the donor only, gift becomes void but not entirely. Hence, gift to the extent of Rs.10000/- only void. The reaming portion is valid.

Section.126:  The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

Mock Test-III

32. Under section 34, a declaration can be sought by a) a stranger who has no interest b) a person having a legal character or a right as to property which is denied c) a person whose legal character or right to property not denied (d) all the above. Comment: The appropriate option is b only but not a.  We regret.

52. Propositions are : I.A void marriage remains valid until a decree annulling it has been passed by a competent court. II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.  III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.  In respect of the aforesaid proposition which is correct

(a) I and III are correct and II is incorrect  (b) II & III are correct and I is incorrect,     (c) I, II & III all are correct                           (d) I & III are incorrect but II is correct.

Comment: B is right answer. We verified.

67. Husband convicted for offence S.……… IPC, entitled wife for divorce?   a)S.302 b) 304 A c) 377 d) Any one of them Comment: It is not only S.376 IPC but also S.377IPC

84. Amongst the one is eligible for succession? A) Murder b) Converter to another religion c) HIV Patient d) All  Comment: This is the right answer.

87. Among the following one is wrong? a) Agnates are person related through males b) Daughter is barred from claiming partition with brothers in respect of dwelling house c) Daughter is a coparcener d) None  Comment: As per latest law even daughter can claim partition with brothers in respect of dwelling house. Refer S. 23 of HMA.

88. Amongst the following one is right? a) Plea of limitation shall be specifically raised by the defendant b) Defendant can excuse the Plaintiff to continue the suit after limitation c) Court has to consider the plea limitation though it is not raised by defendant d) None  Comment: The appropriate option is C only but not a.  We regret.

89. Amongst the following one is right?  a) Upon expiry of time limitation, right extinguishes b) Upon expiry of limitation, claim bars c) There is no time limitation for execution of mandatory injunction d) None Comment: In fact, option B alone is right and the other two are wrong legal propositions.

91. Amongst the following one is Wrong? a) If the last day happens to be a holiday suit can be filed on the next working day b) If the advocates abstain from attending work, suit can filed on next working day c) Disability doesn’t come in way once time limitation starts.  d) None

92. The following time period shall be excluded from counting  a) Time taken for obtaining certified copies of award, Judgment, Decree b) Day of Judgment shall be excluded. c) Time taken for obtaining leave to sue as an indigent person d) All the above  Comment: It is true not must be there before ‘Shall’ in the question

95. Amongst the following one is wrong? a) Time taken for obtaining sanction from Government shall be excluded b) If a party is impleaded during the progress of suit limitation has to be reckoned from date on which he is impleaded or from any other date as the court orders. c) Suit for recovery of possession of immovable property is dealt under Art. 64& 65 d) None Comment: All are correct legal propositions.   Thus, nothing is wrong and as such answer is d option.

98.Among the following one is wrong?  a) If the special act provides time limitation, it prevails over Limitation Act. b) The time period in case of Suit for cancellation of document is counted from the date of knowledge c) Suit for setting aside sale of joint family property is Twelve Years. d) None Comment: All are correct legal propositions. Hence, option is d right.

PALSAR is very thankful to Mr. SHRAVAN KUMAR and Ma’m Jyothi for their pointed remarks so as to come up with right answers. Thank you so much.

Some important concepts which were not covered on the last day of Prelims Guidance Classes due to paucity of time:

1. If property is under attachment private alienation of property is void ( Sec. 64 CPC) Exception: Transfer of property or delivery of possession of the property in pursuance of agreement entered or registered before the attachment.
2. After sale becomes absolute property can be said to be vested in the purchaser from the date and time when the property was sold and not from the time when it becomes absolute (Sec. 65)
3. Rateable distribution of assets of J.Dr among his creditors(Sec. 73)
4. Resistance or obstruction of execution of a decree for possession of immovable property entails detention of civil prison up to thirty days. ( Sec. 74)
5. Courts shall not grant interim orders against the Government without giving notice ( Sec. 80 (2) CPC )
6. Decree against Government or against any public officer with regard to his officials functions shall not be executed unless three months time is given (Sec. 83)
7. Interpleader Suit Order 35, Sec. 88 CPC: When there are two rival claimants for any sum of money or amount from another person who infact has no interest in the dispute between those two, the said third person can institute a suit making them as defendants.
8. Agents and tenants cannot file Interpleader Suit (Order 35 Rule 5) against their principals or landlord interpleading them with others other than person claiming through their principals or landlords.
9. Civil court under its inherent jurisdiction(power) given under Sec. 94 can a)issue warrant to arrest against the defendant to furnish security,b)Attach property for production of property, c) Grant temporary injunction and commit for civil prison in case of its d) Disobedience e)Appoint receiver f) Pass interlocutory orders as it thinks just and convenient.
10. Appeal is a matter of right where as revision is not of right.
11. Appeal lies to District Court and also to High Court, Where as under Civil law Revision lies only to High Court under Sec. 115. Revision is not maintainable against all interlocutory orders.
12. Revision is also not maintainable where there is a provision for appeal.

13.Revision is on three grounds where the lower court failed to exercise the jurisdiction vested in it, exercised the jurisdiction not vested in it and exercised the jurisdiction with material irregularity or illegally ( Sec. 115)

14. No appeal is provided against a decree passed with the consent of the parties (S.96(3) ) and no appeal where the subject matter is worth Ten Thousands only.
15. Second appeal only when High Court satisfied that it involved substantial questions of law ( Sec. 100 CPC) No Second appeal where the original suit is for recovery of money not exceeding 25,000/- ( Sec. 102)
16. Reference to High Court Sec. 113
17. Review Sec.114 to be filed before the court which passed the decree when no appeal is permitted by CPC or where no appeal is preferred when appeal remedy is there. Grounds: a) discovery of new and important matter or evidence which could not be produced during trial despite of due diligence. b) Mistake or error apparent on the face of the record c) for any other sufficient reason

*If Superior Court (High Court or Supreme Court) gives a judgment on a similar question of law subsequent to the judgment, is not a ground to review.

* Notice to opposite party is a must.

* Strict proof of due diligence is required i.e. party must establish that he had taken all care for finding out the evidence.

18. Under Sec. 135A members of legislative bodies are exempted from arrest under civil process if the house is in session ( MPs, MLA, MLC)
19. Restitution under Sec. 144 before the court which passed the decree. Order amounts to decree and can be executable.   No separate suit is maintainable if the relief could be obtained under Sec. 144.
20. Sec. 151 Inherent powers to Subordinate courts and also to High Court for the ends of justice or to prevent abuse of process of civil court ( 482 CrPC only to High Court)

21.Payment made outside the court, which is not certified by court shall not be recognized by the court executing the decree.

22.Court can refuse execution of decree against the property and person of the judgement debtor at the same time.

23. Execution of decree for specific performance for restitution of conjugal rights, or for an injunction Order XXI, R.32
24. Execution of decree for immovable property Order XXI, R.35
25. Garnishee order Order XXI, R.46A
26. Order XXI, R.55: Removal of attachment a) amount under decree is paid b) Satisfaction of the decree c) decree is setaside. d) when there is no direction even after EP is dismissed (rule 57).

27.Time for payment in full of purchase money by the auction purchaser Order XXI, R.85 within 15 days.

28. Setting aside the orders passed in exparte Order XXI, R.106 CPC
29. If Right to sue survives suit will not abate. Order XXII ( Right to sue survives= right of continuing proceedings)
30. No abatement by reason of death after hearing.Order XXI, R.6 (Abate= stop, put an end)

31.Insolvency will not abate.  If receiver or assignee declines to continue suit will abate.

32.No fresh suit is allowed to be filed if suit is abated.

33.Counsel for a party to inform about the death of the party order XXII, R10A

34.Compromise must be lawful ( not void or voidable agreements)

35.Commissioner can be appointed for examination of witnesses, to make partitions, for local inspection, ascertaining the market value, to ascertain the mesne profits, damages or profits  ( Order 26)

36. Order XXVI, R.18A says Order XXVI also apply to EPs.
37. Suits by minor or unsound persons to be filed by next friend Order XXXII
38. Natural guardian to be the next friend after him any other person in whose care and custody of minor or unsound person to be the next friend.
39. If minor becomes major next friend to be discharged.
40. If suit is filed under Order XXXII, an affidavit of third party under Rule 172 of Civil Rules of Practice to be filed. A statement by the next friend to the effect that he has no adverse interest to the mionor to be mentioned in the plaint.
41. Suit by Indigent Persons Order XXXIII: Permission to file suit without court fee has to be granted by court and solvency has to be established that the party is not in a position to pay the court fee.
42. Court can reject the application to leave sue as indigent person. Even during the pendency if indigent person becomes rich permission earlier granted can be withdrawn and he may be asked to pay court fee.(dispauper)

43.If application is reject no second application is allowed to be filed.

44.Order XXXIV:  Mortgage suits. Plaint proforma seperate,Decree seperate

45. Order 39 R1 grounds for granting injuction. R.2A disobedience.

R.3: Reasons to be recorded for dispensing notice. R3(a) party obtained exparte injunction send all copies of documents and plaint to the other party, failure results in vacation of injunction.

R.3A application has to be disposed off with in thirty days.

1. 4 injunction can be varied or setaside on change of circumstances.
2. Order XL: Appointment of receivers.
3. Order XLI: Appeals from Decrees R.3A: application for condonation of delay

Order XLI R.19 Restoration of appeal which has been dismissed for default.

Order XLI R.23 Appellate court can remand the appeal.

48. Order XLI R. 27 Additional evidence by appeallate court.
49. Order XLIII Appeals from orders ( IA’s)

PALSAR MOCK TEST-I

BOLD OPTION IS THE ANSWER

 1. Temporary injunction may be granted :-
(a) To restrain any election
(b) To restrain dispossession from property
(c) To restrain any intended disciplinary action against public servant
(d) To restrain the result of any adverse entry against the public servant

2. What is the time limit to for respondent to file cross objections from the day of service of the notice of the hearing of appeal?
(a) In 15 days       (b) In one month    (c) In 45 days   (d) In 21 days

3. Amongst the following one is not a movable property under section 22 I.P.C.?
(a) Soil (b) Cheque    (c) Tree   (d) Fish in a tank 

4.What is not correct about the self defence :-
(a) Nothing is offence which is done in exercise of right of private defence.
(b) Right of private defence is extended to causing death in the case of robbery
(c) Right of private defence is extended to causing death in defamation case.
(d) There is no right of private defence, if there is time to have recourse to the protection of public authorities.

5. A instigates B to murder C, B refuses to do so :-
(a) B is guilty of abetment                    (b) A is guilty of abetment of murder
(c) A & B both are guilty of abetment  (d) None of the above 

6. Y holds Z down and fraudulently takes Z’s money from Z’s clothes without Z’s consent. Y has committed.
(a) Theft                                                                 (b) Extortion
(c) Dishonest misappropriation of property           (d) Robbery

7. Which ingredient is not essential for Rioting?
(a) Unlawful assembly of five or more persons
(b) Common object of the unlawful assembly as specified u/s 141
(c) Accused joined or continued in such unlawful assembly
(d) There must be definite disturbance of the public peace on public place

8.Minimum sentence for ‘Ten years imprisonment’ is necessary for which of these offences?
(a) Section 326 voluntarily causing grievous hurt by dangerous weapon
(b) Section 376(2) g Gang rape
(c) Section 395 Dacoity
(d) Section 409 Criminal breach of trust by a public servant 

9.A without any excuse fires a gun shot into a crowd of persons and kills two of them – A is guilty of :-
(a) Murder – section 302    (b) Causing death by negligence – section 304(A)
(c) Culpable homicide not amounting to murder -section 304   (d) No offence 

10.A is accused of rape. What defense is permissible to him according to law :-
(a) They love each other and want to marry            (b) He lost his control under circumstances
(c) She Consents to the act of sexual intercourse  (d) None of the above

11. What punishment may be awarded for the offence voluntarily causing hurt to deter a public servant force his duty u/s 332.P.C.?
(a) Imprisonment upto three years and fine or both    (b) Imprisonment upto five vears and fine or both
(c) Imprisonment upto seven years and fine or both  (d) Imprisonment upto ten years and fine or both

 12.A makes an attempt to steal some jewels by breaking open a box and finds there no jewel in it, A is guilty of attempt of theft. What punishment may be awarded to him :-
(a) The same punishment as for theft
(b) One half of the term of imprisonment provided for the offence of theft or with such fine as provided for the offence or with both
(c) Express provision is provided for punishment “Attempt to Theft” in Indian Penal Code  (d) Only Fine

13.What ingredient is not necessary for the offence punishable under section 279 I.P.C. (Rash driving on public way)
(a) Driving of Vehicle   (b) On a Public way
(c) Such driving must be so rash or negligent as to endanger human life  (d) Persons were on road

 14.A and B agree to fence with each other for amusement. A while playing fairly hurts B:-
(a) A is liable for Voluntarily causing hurt   (b) A is liable for assault
(c) A has committed no offence  (d) A is liable to compensate B
15.What offence is bailable ?
(a) Mentioned as bailable offence in I Schedule of Cr.P.C.
(b) All cases of summon’s trial
(c) All non-cognizable offences
(d) All cases which are not triable by session

 16. A Patient in lunatic asylum, who is at intervals of sound mind.
(a) May not Contract              (b) May contract
(c) May contract during those intervals when he of sound mind.
(d) May contract only after he becomes completely of sound mind.

 17.Who may claim for maintenance under section 125 of Cr.P.C?
(a) Wife who has her own source of income  (b) Illegitimate minor child
(c) Married daughter                          (d) Brother and Sister
 18.A minor girl lived with her father at Hyderabd, she became intimate with the accused and ran away with the accused from Hyderabad  to Warangal in a taxi. After some time they eventually settled in Nalgonda. An offence of kidnapping may be tried.
(a) at Hyderabad               (b) at Warangal   (c) at Nalgonda  (d) at any place mentioned above

19.Who may record a confessional statement under section 164 Cr.P.C.?
(a) Police Officer    (b) Executive Officer  (c) Judicial Magistrate who has jurisdiction only
(d) Any Judicial Magistrate

 20.Who may complain for Bigamy u/s 494 Cr.P.C.?
(a) Mother, Father, Brother or sister on behalf of wife
(b) Police    (c) Any Social institute    (d) None of the above

21. The presumption for an ancient document u/S.90 extends to…

(a) Contents of the Document    (b) Execution of the document   (c) A & B   (d) None

22. Where no sum is expressed to which a fine may extend there the amount of fine to which the offender may be liable will bet-
    (a) Not exceeding rupees fifty thousand (b) Not exceeding rupees twenty five thousand
    (c) Not exceeding rupees ten lakh (d) Unlimited but not excessive

 23.When a surety to a bond dies before the bond is forfeited, the liability in respect of bond.
(a) Shall not be discharged.   (b) Shall be discharged.
(c) Court has discretion to remit any portion.  (d) There is no provision.

24. Minimum number of persons required to commit an affray is :-
    (a) Five (b) Two (c) Ten    (d) Eleven 25.Appeal in case of acquittal by a Magistrate may lie in ?
    (a) High Court    (b) Sessions Court   (c) C.J.M’s Court  (d) No appeal lie 26.What is the time limit in sec. 468 Cr.P.C. for taking congnizance in a case of 498A IPC?
    (a) Six months   (b) One Year (c) Three years  (d) No limit 27.What is the meaning of “Not proved” under Evidence Act?
    (a) Fact does not exist, (b) Non-existence probable,  (c) Court has doubt,
    (d) Neither proved nor disproved.
    
     28.A is accused of the murder of B by beating him. What is not relevant piece of  evidence?
    (a) Whatever was said by A or B or by slanders at the time of beating
    (b) A has intention for murder of B.  (c) Marks on the ground of struggle between A to B.
    (d) A is a man of bad character.29.Facts not otherwise become relevant if they are inconsistent or makes highly probable any fact-in-issue or a relevant fact.
    (a) Cannot be relevant                          (b) Relevant u/s 11 of Rvidence Act
    (c) Relevant u/s 9 of Evidence Act      (d) Relevant u/s 7 o f Evidence Act

 30.A rustic woman in apprehension of assault and maltreatment makes a confession for murder of her mother-in-law at the village panchayat. whether this confession is relevant?
(a) As extrajudicial confession         (b) Can’t be proved due to involuntariness
(c) As a supporting evidence to the fact deposed by the witness  (d) Partly admissible

 31.Provisions sec. 32(1) of Evidence Act are attracted, where what is not true ?
(a) The cause of death is required to be ascertained  (b) The deceased statement is related to the cause of death
(c) To circumtances connected with death  (d) Verbal statement is not relevant, it must be in writing

 32.What type of Secondary evidence relating to public documents may be given ?
(a) Oral evidence about contents  (b) Certified copy of the document
(c) Photostat copy              (d) Written admission

 33.What is not true about the mode of proof for a will ?
(a) One attesting witness at least to be examined
(b) Not necessary to call any attesting witness if will has been registered
(c) No proof required if it is admitted by an heir of the executants
(d) Where attesting witness not found handwriting of attesting witness and signature of executant must be proved

 34.Execution of document may be presumed if the document is to be old :-
(a) Ten years   (b) Twenty years   (c) Thirty years   (d) Forty years

35.Who may not testify :-
(a) An accomplice   (b) Child   (c) Dumb person
(d) Lumatic – who is unable to understand question and to give a rational answer

 36.What is not true ?
(a) Witness may be cross-examined as to previous statement in writing
(b) Leading question may be asked in cross-examination
(c) Person called to produce document can be cross-examined
(d) Party calling the witness may cross-examine him with the permission of Court

 37.What are privileged Document :-
(a) Statement in department enquiry
(b) Any communications between Chief Minister and Governor of State
(c) The accident register kept by a medical practitioner
(d) A defamatory imputation about a person in the instructions to an advocate

38.Civil death may be presumed if it is proved that one has not been heard of for by person who would have naturally heard of him :-
(a) 10 years   (b) 20 years .   (c) 12 years   (d) 7 years

39. An agent can be appointed by:-
(a) A minor of sound mind                 (b) A major of sound mind
(c) Any person of sound mind         (d) Any major of sound or unsound mind

40.In a pledge ownership of property or goods:-
(a) continued in pledgor  (b) transferred to the pledge   (c) cannot be transferred to pledgee under any circumstances (d) Cannot continue with pledger under any circumstances
 

41.Novation of a contract means:-
(a) Renewal of original contract   (b) Substitution of a new contract in place of original contract
(c) Alternation of contract   (d) Recision of Contract
42.A decree can be :-
(a) Preliminary   (b) Final   (c) First preliminary then final   (d) Either preliminary or final

43.Mohan residing in Mumbai beats Sohan in Delhi, Sohan may sue Mohan:-
(a) Only in Mumbai   (b) Only in Delhi   (c) Either in Mumbai or in Delhi  (d) None of these

44.Principle of res judicata applies :-
(a) To suits only   (b) To execution proceedings only   (c) To arbitration proceedings only
(d) To suits as well as execution proceedings

45.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 which shall not be later than:-
(a) 45 days   (b) 60 days  (c) 90 days  (d) 120 days of summons
 

46. Where immovable property is transferred for consideration by persons having distrinct interest therein, but their interests in the property are of equal value, the transferor are :-
    (a) Entitled to get equal share in the consideration
    (b) Entitled to get unequal share in the consideration
    (c) Entitled to get equal share subject to further transfers in future
    (d) None of the above47.Rule of lis pendents is applicable to suits for specific performance of contracts to transfer the immovable property. This statements is :-
    (a) False (b) True   (c) Partly true  (d) Depends on the facts of each case 48.In case of transfer of property the seller is :-
    (a) not entitled to rents and profits
    (b) entitled to rents and profits of the property till the ownership there of passed to buyer.
    (c) Entitled to rents and profits forever  (d) None of the above

49.Compounding of offence under the provisions of criminal procedure code results in that criminal case :-
(a) Acquittal of accused   (b) Discharge of accused
(c) Acquittal only if the chaerges have been framed  (d) Discharge only if the charges have been framed

50.Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is:-
(a) 90 days   (b) One years   (c) Three years  (d) No period of limitation is prescribed

51.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) Comparison of the two, admitted and disputed documents   (d) All of the above

52.A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, Dand E dies. B marries with the consent of C and D, it is deemed that :-
(a) B has fulfilled the condition    (b) B has not fulfilled condition
(c) Condition became void   (d) Condition became Illegal

53. Among one is wrong?                                                                                                                           a) Agreement restraining trade is void. b) Agreement restraining marriage is void.                     b) Bilateral mistake makes agreement void d) None is wrong

 54. A Hindu who has separted from his father B sells to C three fields X, Y and Z representing that A is authorised to transfer these fields Z does not belong to A but on B’s death A as heir obtains Z, C did not rescind the contract :-
(a) Contract became infructuous   (b) C may require A to deliver Z to him
(c) Contract is void   (d) Contract is unenforceable

 55. Under section 80 of Civil Procdure Coder-
(a) Ninety days   (b) Sixty days  (c) Three months
(d) Two months notice in writing is required to be delivered before institution of a suit against the Government.

56.Transfer of Property pending suit thereto the transfer shall be:-
(a) Void    (b) Affected subject to the decree or order of the court  (c) Illegal (d) infructuous

 57.What is not correct – the liabilities of the seller is that he is :-
(a) to disclose to the buyer any material defected in the property
(b) to produce to the buyer for examination all documents of title relating to the property
(c) not to answer to the best of his information all the relevant questions put to him by the buyer in respect of the title
(d) to give possession to the buyer as its nature admits

 58.Where the principal money secured is 100 rupees a mortgage other than a mortgage by deposit of title deeds, what is not correct about it :-
(a) Must be signed by the mortgagor   (b) Must be attested by at least two witnesses
(c) Can be affected by at by oral agreement   (d) Must be by a registered instrument

 59.Mortgaged property in possession of the martagagee has, during the continuance of the mortgage received any accession upon redemption in the absence of a contract to the contrary, who shall be entitled to such accession?
(a) Mortgagee    (b) Mortgagor   (c) Mortgagee and mortgagor in equal share  (d) None of the above

 60.A lease of immoveable property does not determine:-
(a) By efflux of the time limited thereby   (b) on death of the lessor  (c) By surrender
(d) Where such time is limited conditionally on the happening of some event by the happening of such time.

 61.A made a gift of property to B before acceptance by B, A dies. Gift is :-
(a) Legal   (b) Illegal   (c) Void  (d) Voidable

62.A owes money to B who transfers the debt to C, B then demands the debt from A who not having received notice of the transfer as prescribed in section 131 of the T.P.Act 1882 pays B The payment is:-
(a) Legal   (b) Illegal   (c) Enforceable   (d) Not enforceable

63.The agreement which is not enforceable legally is called:-
(a) Voidable   (b) Void   (c) Illegal  (d) Voidable Contract

 64.A agrees to sell a horse worth Rs. 1000 for Rs. 10 A’s consent to the agreement was freely given. The agreement is :-
(a) Voidable   (b) Void  (c) Contract  (d) Illegal

 65. One of the following ingredients is not necessary for contract :-
(a) Proposal   (b) Acceptance   (c) Consideration  (d) Immovable Property

 66. The following agreements remain valid even though there is no consideration.                                                                                                                                  (a) Agency  (b) Promise to pay Time barred debt   (c) Promise to pay for past voluntary services    d) All the above

 67.A intending to deceive B falsely represents that five hundred tons of indigo is made annually at A’s factory and thereby induce B to buy the factory The contract is :-
(a) Void   (b) Voidable at the option of A   (c) Voidable at the option of B  (d) Illegal

 68.A promises to maintain B’s child. B Promises to pay A Rs. 1000 yearly for the purpose. The consideration is:-
(a) Lawful   (b) Unlawful   (c) No consideration  (d) None of these

69.A agrees to sell to B a hundred tons of oil. There is nothing whatever to show what kind of oil was intended. The agreement is :-
(a) Voidable   (b) Void  (c) Enforceable (d) Non-enforceable

 70.A agrees to pay B a sum of money, if B marries C, C marries D. The agreement is:- (a) Void  (b) Voidable   (c) Legal  (d) Illegal

 71.A Promises to paint a picture for B within 10 days at a price of Rs. 1000 A dies before the days. The contract is :-
(a) Enforceable   (b) Non-enforceable  (c) Voidable  (d) Void

72.A contracts to sing for B at a concert for Us. 1000 which are paid in advance. A is too ill to sing. Then :-
(a) A must refund to B Rs. 1000 paid in advance   (b) A must not refund to B Rs. 1000 paid in advance (c) B can receive compensation from A  (d) None of the above

73.A, a tradesman leaves his goods at B’s house by mistake B uses the goods as his own. Then :-
(a) B need not pay to A, provided it is gratuitous act
(b) B is bound to pay A, provided it is non-gratuitous act
(c)  A and B are right   (d) None of the above

74.A witness who is unable to speak, gives his evidence by writing in Open Court, Evidence so given shall be deemed to be :-
(a) Oral    (b) Documentary   (c) Primary  (d) Secondary
75.A person summoned to produce a document when produces the document then:-
(a) He becomes a witness  (b) He is cross-examined by both the parties
(c) He is cross-examined with the permission of the court (d) He does not become witness and cannot be cross-examined unless and until he is called as a witness

76.Any questions suggesting the answer which the person putting it wishes or expects to receive is called :- (a) Indecent question   (b) Scandalous question  (c) Question intended to annoy (d) Leading question

77.Provisions of Transfer of property Act shall be applicable :-
(a) Where property is transferred in execution of decree of the court
(b) Where the property of insolvent vests in Receiver by the order of the court
(c) Where the property is transferred by the act of parties  (d) To intestate succession

 71.’Attested’ in relation to an instrument means and shall be deemed always to have been attested by the least :-(a) One witness  (b) Two witnesses  (c) Three witnesses  (d) Four witnesses

 72.To be competent to transfer property it is not essential that:-
(a) Person be major  (b) Person be sound mind  (c) Person is competent to contract
(d) Transferable property is his own

73.How many types of mortgages are there in section 58 to Transfer of property act?  (a) Four  (b) Five   (c) Six  (d) Seven

74.What is not required in Gift?
(a) Donor and donee   (b) Consideration  (c) Moveable or immoveable property (d) Transfer and acceptance

75.For the purpose of making a gift of immoveable property the transfer must be affected :-
(a) By delivery of possession
(b) By aregistered instrument signed by or on behalf of the donor and duly attested
(c) By simple instrument  (d) By simple instrument accompained by delivery of possession

77.A gift comprising both existing and future property:- (a) Is void  (b) Is valid         (c) Is void as to the existing property  (d) Is void to the future property 

78. Amongst the one is wrong a) Minor can be agent b) Agency requires no consideration c) Generally agency can be revoked d) None

79.Which of the following statements is correct in relation to sub-agent?
(a) He is employed by the prinicipal in the business of the agency.
(b) He is employed by the original agent in the business of the agency.
(c) He acts under the control of the principal.
(d) The agent is not responsible to principal for the acts of the sub-agent

80.A gives authority to B to sell A’s land and to pay himself out of the proceeds, the debts due to him from A. In the adsence of an express contract.
(a) A can revoke this authority
(b) Authority can be terminated by the insanity of A
(c) Authority can be terminated by the death of A
(d) A cannot revoke this authority, nor can it be terminated by his death of insanity.  

81.In reference of District court which one of the following statements is not correct?   (a) It can transfer any suit, appeal or other proceeding pending before it for trial to any court subodinate to it and competent to try or dispose of the same.                                       (b) It can withdraw any suit and appeal or other proceeding pending in any court subordinate to it. (c) It can try or dispose of the suit, appeal or other proceeding withdrawn from any court subordinate to it or it may transfer the same for trial or disposal to some other court subordinate to it and competent to try of dispose of the same.                                            (d) It cannot retransfer any suit, appeal or other proceeding to the court from which it was withdrawn.

82.Under S.34 of CPC,1908, Court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed…….. per annum.
(a) Nine percent  (b) Ten percent  (c) Six percent  (d) Twelve percent

83.Any amount which a court will order to be paid as compensatory costs in respect of false or vexatious claims or defences, shall not exceed the amount of-
(a) Two thousand rupees or the amount within its pecuniary jurisdiction.
(b) Three thousand rupees or the amount within its pecuniary jurisdiction whichever is less.
(c) Four thousand rupees or the amount within its pecu-niaryjurisduction, whichever is less.
(d) Five thousand rupees or the amount within its pecuniary jurisduction, whichever is less.
 

84.During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party such question shall be determined by:-
(a) The court which passed the decree   (b) The court executing the decree
(c) The appellate court  (d) A separate suit

85.A judgment debtor is arrested in execution of a decree for the payment of money and the judgement-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer :-
(a) Shall send the judgment debtor to civil prison.  (b) Shall take judgment debtor to the court.
(c) Shall at once release him.  (d) Shall release him after taking security from him.

86.A leaves a cow in the custody of B to be taken care of. The cow has a calf. In the absence of any contract to the contrary.
(a) B is bound to deliver only the cow to A
(b) B is bound to deliver the calf as well as the cow to A
(c) B is bound to deliver the calf as well as the cow if he is paid half the price of the calf.
(d) B is bound to deliver the calf as well as the cow if he is paid one third of the price of the calf.

87.Finder of a lost thing which is commonly the subject of sale, may sell it when the lawful charges of the finder, in respect of the thing found amount to.
(a) one fourth  (b) Half  (c) One third  (d) Two third of its value.

88.Aggrieved person may not apply for a review of an order or judgement of a Civil Court, on one of the following grounds :-
(a) A decree or order from which an appeal is allowed but from which no appeal has been preferred
(b) A decree or order is passed in the absence of aggrieved person
(c) A decree or order from which no appeal is allowed
(d) A decision on a reference from a court of small cause

 89.Order for disposal of property at conclusion of trial by Criminal Court. What is not correct :-
(a) By destruction  (b) By confiscation  (c) Delivery to any person claiming to be entitled to possession   (d) By declaration of title of any person to the ownership of property

 90.Judge has power to put question or order production of document, what is not true:-
(a) Parties shall not be entitled to make objection to any such question or order
(b) Parties shall be entitled to cross-examine the witness upon answer given in reply of such question as a right
(c) Without the leave of Court Party shall not be entitled to cross examine
(d) Judge shall not be entitled to compel any witness to answer or produce document which is refusablc u/s 121 to 131 Evidence Act.

91. Suit for partition of immovable property shall be instituted in the court where:-
(a) Plaintiff resides
(b) Plaintiff carries on his profession
(c) Subject matter is situated
(d) With the permission of the District Judge, in the Court
 92.Court may make order for the payment of Compensatory cost from any party submitting false, claim or defence :-
(a) upto Rs. 5000  (b) upto Rs.3000  (c) upto Rs. 1000  (d) Any amount without limit

 93.Question which shall be determined by the court executing decree :-
(a) Decree obtained by fraud
(b) Whether any person is or is not the representative of a party
(c) Decree obtained by Collusion  (d) None of these

 94.The property which is not liable to attachment and sale in execution of decree :-
(a) Government securities  (b) Promissory Note  (c) Books of Account (d) Bond

 95.Civil Court may not issue a commission :-
(a) to examine any person (b) to examine accounts  (c) to perform any ministerial Act (d) to arrest a person

96.Which of the following is not correct regarding powers of appellate court :-
(a) Have power to determine a case finally  (b) I lave power lo remand the case
(c) Not have power to lake additional evidence (d) It has power to frame issues and refer the matter for trial

 97.The plaint shall not be rejected in one of the following conditions :-
(a) Where it does not disclose a cause of action
(b) Where it is not submitted by an advocate
(c) Where the relief claimed is undervalued and it is not corrected after the order of Court
(d) Where the suit appears from the statement in the plaint to be barred by law.

 98.Auction purchaser shall pay full of purchase money :-
(a) Within 7 days   (b) Within 15 days   (c) within 21 days  (d) within 30 days

 99.Which one of the following is not essential condition for application of Res Judicata:-
(a) Previous suit was finally heard and decided by the Court of Competent Jurisdiction
(b) Previous suit must be pending before a Court
(c) Parties in previous and the subsequent suits must be the same
(d) Subject matter of previous and the subsequent suite must be the same

100.Proceeding in a suit, relating to minor shall not the stayed:-
(a) On retirement of the next friend of a minor  (b) On attaining the majority by the minor
(c) On removal of the next friend of a minor  (d) On death of the next friend of a minor.

**********************END OF MOCK TEST-I*******************************

PALSAR MOCK TEST-II

 1.If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed to the counter claim:-
(a) Shall be stayed  (b) Nevertheless be proceeded with
(c) May be continued with the leave of High court  (d) No specific provision

 2.Where the decree is for the payment of sum of money exceeding five thousand rupees the period of civil prison :-
(a) Shall not exceed three months  (b) Shall not exceed six months
(c) Shall not exceed nine months  (d) Shall not exceed one year

3.Who among the following is not entitled to exemption from personal appearance in the court: –
(a) Former Indian Ruler  (b) Chairman of the state legislative councils
(c) The ministers of States (d) Collector

 4.Caveat shall not remain in force after expiry of :-
(a) Ninety days  (b) Sixty days  (c) Thirty days  (d) Fifteen days
 5.If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of court:-
(a) Fifteen days   (b) Fourteen days  (c) Twenty days (d) Thirty days

 6.Where the plaint has been rejected the plaintiff on the same cause of action:-
(a) May present a fresh suit  (b) Cannot present a fresh suit
(c) May present a fresh suit with the leave of High court  (d) None of the above

 7.Where the suit is dismissed under rule 2 or 3 or order 9 CP.C. The plaintiff:-
(a) May bring a fresh suit subject to law of limitation
(b) Cannot bring a fresh suit  (c) May bring a fresh suit with the leave of High court
(d) May bring a fresh suit with the leave of District Judge
8.Y inserts his hand into the pocket of Z but the pocket was empty. Y is guilty of :-
(a) No offence as the offence was not completed  (b) Theft (c) Mischief  (d) Attempt to theft
 9.Where any property has been attached in execution of decree and the court, for any reason passes an order dismissing the execution application but omits to give any direction as to attachment:-
(a) Attachment shall be deemed to have ceased  (b) Attachment shall cease after three months   (c) Attachment shall cease after six months (d) Attachment shall cease after one year.

10.Where any party dies after conclusion and before pronouncing of Judgment:-
(a) The suit shall abate   (b) The suit shall not abate
(c) The suit shall not abet if cause of action survives
(d) It will be deemed that judgment has been pronounced after death of a party

 11.Where a decree of compromise which was not lawful, there :-
(a) Suit shall lie to set aside such decree  (b) Complaint has to made to High court
(c) No suit shall lie to set aside such decree
(d) Suit may lie to set aside such decree with the leave of District Judge

 12.Where an indigent person succeeds the court fee shall be recovered:-
(a) From the defendant  (b) From the State Government
(c) Not recoverable  (d) From the Plaintiff

13.An Attachment made before judgment in a suit which is dismissed for default:-
(a) Shall not become revived merely by reason of the fact the order for dismissal of the suit or default has set aside,
(b) Shall become revived merely on the basis of restoration of suit
(c) Shall become revived on the order of Appellate Court
(d) Shall become revived on the order of High Court.

 14.If the offence be punishable with fine only and accused has been awarded with fifty rupees fine the period of imprisonment in default shall:-
(a) Not exceeding one month  (b) Not exceeding two month
(c) Not exceeding three month  (d) Not exceeding four month

 15.A instigates B to give false evidence here, if B does not give false evidence what offence A has committed :-
(a) A is guilty of no offence  (b) Attempt to give false evidence
(c) Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence and with fine.    (d) None of the above

 16.What punishment is provided for Dowry death:-
(a) Not loss than three years  (b) Not less than five years
(c) Not less than seven years and in rare circumstances may extent to death sentence
(d) Not less than seven years but which may extend to imprisonment for life

 17.Which is not the stolen property :-
(a) Possession whereof was obtained by cheating  (b) Possession whereof was obtained by robbery
(c) Possession whereof was obtained by dacoity  (d) Possession whereof was obtained by criminal breach of trust

 18.A Police officer arrested and detained a person in the lockup despite production of a bail order from the court Police officer is guilty of :-
(a) Wrongful restrain   (b) Wrongful confinement  (c) abduction  (d) Kidnapping

 19.What must be the age of a minor with regard to the offence of kidnapping:-
(a) Sixteen years   (b) Eighteen years
(c) Under sixteen years of age, if a male and under eighteen years of age, if a female
(d) Under twenty years of age, if a male and under eighteen years of age, if a female

 20.What is not correct about ‘Rape’:-
(a) Consent is immaterial if she is under 16 years of age  (b) Penetration is sufficient
(c) Intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape  (d) Death penalty may be awarded

 21.’A’ threatens to publish a defamatory libel concerning ‘B’ unless ‘B’ gives him money. He thus induces ‘B’ to give him money. ‘A’ has commit-ted:-
(a) Extortion  (b) Defamation  (c) Criminal intimidation  (d) Robbery

 22.What is the offence preparation whereof is also punishable:-
(a) Theft  (b) Dacoity  (c) Murder  (d) Rape

 23.A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A fails in the attempt in consequence of B’s having nothing in his pocket. A is guilty of :-
(a) No offence  (b) Theft  (c) Attempt to theft  (d) Using criminal force

 24.A Voluntarily throws into a river a ring belonging to B with intention thereby causing wrongful loss to B, A has committed:- (a) Theft  (b) Extortion  (c) Robbery  (d) Mischief

 25.What punishment may be awarded to the person whose act is covered under general exceptions:-
(a) No punishment  (b) Half of the punishment prescribed for that offence
(c) One fourth of the punishment prescribed for that offence  (d) Depends upon discretion of the court.

 26.What sentence an Assistant Session Judge may award:-
(a) Life imprisonment
(b) Any sentence authorised by law except a sentence of imprisonment for life or of imprisonment for a term exceeding ten years (c) Upto fourteen years (d) Upto twenty years

 27.A person arrested by a police officer may be kept in custody for :-
(a) Two days  (b) Three days  (c) Twenty four hours (d) One week
28.Now how much amount of monthly maintenance may be awarded in favour of a wife under section 125 of Cr.P.C.:-
(a) Three hundred rupees  (b) Four hundred rupees  (c) Five hundred rupees (d) No fixed limit
 29.In a first information an offence is cognizable and other is non-congnizable the whole case shall be deemed to be:-
(a) Cognizable  (b) Non-cognizable   (c) It is to be seen whether it is a warrant case (d) It is to be seen whether it is a summon case

 30.What is true about Court of Session:-
(a) It can take cognizance without commitment  (b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put by the Superintendent of Police

 31. Section 164 Criminal Procedure Code 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
(d) Examination of witnesses by police

 32.How much punishment may be awarded to an accused who is found guilty under a summary trial :- (a) Not exceeding two years  (b) Not exceeding one years  (c) Not exceeding six months, (d) Not exceeding three months

33.Whether an accused may be a competent witness in his own defence :-
(a) If he applies in writing on his own request.
(b) No  (c) With the leave of Court of Session  (d) With the leave of High Court

 34.Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to:-
(a) Session Judge  (b) Chief Judicial Magistrate  (c) District Magistrate  (d) Concerned Police Station

 35.In one trial A is awarded with the sentence which is not appealable whereas sentence against B is appealable, Whether A can file an appeal against his sentence :-
(a) No  (b) Only with special leave  (c) Yes (d) There is no such provision

 36. Under the provisions of Section 125(4) Criminal Procedure code, who among the following cannot claim maintenance from her husband:-
(a) Wife herself earning money  (b) Wife living separately by mutual consent
(c) Woman, who has been divorced by her husband and has not remarried
(d) Woman, who has obtained divorce from her husband and has not remarried

 37.When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction:-
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

 38.What is effect of trial conducted in wrong place :-
(a) Vitiated itself  (b) Vitiated if caused failure of justice (c) Seriousness has to be seen
(d) Is to be referred to High court

 39.When will proceeding be vitiated if the Magistrate is not empowered to do so:-
(a) To issue a search warrant undre section 94 of Cr.P.C.
(b) To hold an inquest under section 176 of Cr.P.C.
(c) Tries an offender Summarily (d) To tender a pardon under section 306 of Cr.P.C.

 40. Jurisdiction to grant bail under section 438 of criminal procedure code vests with:-  (a) Only High Court  (b) Only Sessions Court  (c) Magistrate  (d) High Court or Court of Sessions

 41.A relevant confession will become irrelevant when :-
(a) Made to a police Officer  (b) Made under a promise of secrecy
(c) When the accused was drunk (d) In consequence of a deception practised on the accused

42.Admissions are :-  (a) Conclusive proof  (b) May operate as estoppels  (c) Always irrelevant (d) None of the above
43.A agrees, in writing to sell a horse to B for Rs. 1000 or Rs. 1500. To show which price was to be given:-
(a) Oral evidence can be given (b) Antecedents of the parties are to be seen
(c) Oral evidence cannot be given  (d) None of the above

 44.A is charged with travelling on a railway without a ticket. The burden of proving that A had a ticked is on :-
(a) Ticket Checker  (b) Railway  (c) A  (d) Prosecution

 45.What is provision about an Accomplice :-
(a) He is not a competent witness  (b) His evidence is irrelevant
(c) His evidence should be believed blindly (d) His evidence is neither illegal nor safe in view of S.114 and 13 3 of Evidence Act

46.What number of witnesses will be required for the proof of any fact :-
(a) No particular number (b) At least one eye-witness
(c) Two witnesses with regard to documents  (d) One party and one witness

 47.Leading question :-
(a) May be asked in examination in chief (b) May be asked in cross examination
(c) May be asked in re-examination  (d) Cannot be asked in any circumstances

 48.Which is not the main principle that underlines the law of evidence :-
(a) Evidence must be confined to the matter in issue (b) Hearsay evidence must not be admitted (c) Hearsay evidence must be admitted (d) The best evidence must be given in all cases

 49.A witness was asked whether he was not dismissed from a post for dishonesty. He denies it :-
(a) The evidence is admissible if it comes from plaintiff’s side
(b) The evidence is admissible if it comes defendant side
(c) The evidence is admissible  (d) The evidence is inadmissible

 50.When a party refuses to produce a document which he had notice to produce :-  (a) He cannot use the document as evidence without the consent of opposite party or the order of the court  (b) Objection of opposite is worthless (c) Order of court not necessary  (d) Document will be deemed to be an admitted document.

51.Under section 34 of civil procedure code, Court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed…….. per annum.
(a) Nine percent   (b) Ten percent   (c) Six percent  (d) Twelve percent

52.Any amount which a court will order to be paid as compensatory costs in respect of false or vaxatious claims or defences, shall not exceed the amount of-
(a) Two thousand rupees or the amount within its pecuniary jurisdiction.
(b) Three thousand rupees or the amount within its pecuniary jurisdiction whichever is less.
(c) Four thousand rupees or the amount within its pecu-niaryjurisduction, whichever is less.
(d) Five thousand rupees or the amount within its pecuniary jurisduction, whichever is less.
 

53.During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party such question shall be determined by:-
(a) The court which passed the decree  (b) The court executing the decree
(c) The appellate court  (d) A separate suit

54.A judgment debtor is arrested in execution of a decree for the payment of money and the judgement-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer :-
(a) Shall send the judgment debtor to civil prison.  (b) Shall take judgment debtor to the court.
(c) Shall at once release him.  (d) Shall release him after taking security from him.

55. Defendant in summary suit shall appear within ….days :–
(a) Thirty days  (b) Sixty days  (c) Ten days d) five days

56.A lets a house to B at a yearly rent of rupees five hundred. The rent for the whole of the years 1905,1906 and 1907 is due and unpaid, A sues B in 1908 only for the rent due for 1906 :-
(a) A can afterwards sue B for the rent due for 1905
(b) A can afterwards sue B for the rent due for 1907
(c) A can afterwards sue B for the rent due for 1905 and 1907 both
(d) A can not afterwards sue B for the rent due for 1905 or 1907.

57.’A’ proposes by letter to sell a house to ‘B’ at a certain price. The communication of proposal is complete when :-
(a) ‘A’ puts letter in letter box  (b) ‘ B’ receives the letter 

(c) ‘ B’ puts reply in letter box  (d) ‘A’ receives reply of ‘B’

58.’A’ sells by auction to ‘B’ a horse which ‘A’ knows to be unsound. ‘A’ says nothing to ‘B’ about the horse’s un-soundness. A does :-
(a) Fraud  (b) Misrepresentation  (c) No fraud (d) Undue influence

59.After the passing of a decree for payment of money on the application of the judgement debtor, court shall not order that payment of the amount of decree shall be made by instalments :-
(a) Without recording evidence of both parties (b) Without obtaining affidavits from both parties
(c) Without obtaining the documents regading the financial condition of the judgement debtor
(d) Without the consent of decree-holder. 

60.A who is citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted of murder-                                                                            (a) Only in Uganda (b) Only in that country of which the deceased was a citizen  c) In any one of the above (d) In Delhi  

61.Which of the following punishments cannot be awarded under the Indian Penal code? (a) Forfeiture of property  (b) Imprisonment with hard labour (c) Transportation for life  (d) Death  

62.A  condition in gift depends upon the will of the donor is (a) Is void (b) Is valid (c) Is void as the existing property (d) Is void as the future property  

63.Where both parties are under mistake as to matter of fact, the agreement will be :- (a) Enforceable  (b) Voidable  (c) Not void  (d) Void

64.Which of the following statements is not correct:-
(a) No fact of which the court will take notice need be proved (b) Facts admitted need not be proved
(c) All facts and the contents of documents may be proved by oral evidence
(d) Oral evidence must be direct

65.A witness who is unable to speak, gives his evidence by writing in Open Court, Evidence so given shall be deemed to be :- (a) Oral evidence (b) Documentary evidence (c) Primary evidence (d) Secondary evidence

 66.What will be effect of mistakes at to law in force in India on the agreement :-
(a) Not voidable  (b) Voidable  (c) Void  (d) Not Void
 67.A Promises, for no consideration, to give to B Rs. 1000 This agreement is :-
(a) Voidable  (b) Void  (c) Enforceable  (d) Not enforceable not being in writing

 68.Agreements, the meaning of which is not certain or capable of being made certain are:-
(a) Voidable  (b) Ilegal  (c) Void (d) Enforceable

69.Where no application is made and no time is specified for performance of promise there the agreement be performed within :-
(a) Three years  (b) Two years  (c) One years  (d) Reasonable Time

 70.A agrees with B to discover treasure by magic. This agreements is :-
(a) Void  (b) Voidable  (c) Enforceable  (d) Valid and enforceable in Bengal

71.In case of an alternative promise one branch of which is legal and the other illegal:-
(a) Both branches will be enforceable  (b) The legal branch alone can be enforced
(c) No branch is enforceable  (d) None of the above

 72.A supplies B, a lunatic, with necessaries suitable to his condition in life. Whether A is entitled for reimbursement from the property of B:-
(a) No  (b) Yes, if the value of property is more than one lakh (c) Yes  (d) None of the above
 73.A saves B’s property from fire, Circumstances show that he intended to act gratuitously, Whether A is entitled for compensation from B
(a) Yes  (b) Not from B, but from Government  (c) Not from B, but from his heirs (d) No

 74.A the captain of B’s ship, signs of bill of lading without having received on board the goods mentioned therin, As between B and pretended consignor is concerned the bill of lading are :-
(a) Void (b) Voidable  (c) Enforceable  (d) None of the above

 75. Dishonestly dealt under ……IPC (a) S.24 IPC b) S.23 IPC c) S.25 IPC d) S.26 IPC

76. Fasli year begins :- (a) 1st January (b) 1st June (c) 1st July   (d) None
77. Property can be transferred a) Orally b) Document c) Orally unless requires to be writing d) Choice of parties

78. The Liability of surety arises: a) Failure of debtor b) co-extensive of debtor c) No liability d) none

79. In Examination – in – chief Leading questions can be asked provided they are :-
    (a) Duly proved (b) Introductory (c) Undisputed   (d) All the above

80.On transfer for his benefit an unborn person acquires vested interest :-
(a) Upon his birth  (b) After one week of his birth

(c) After twelve days of his birth  (d) There is no such provision in law
81.Rule of lis pendents is applicable to suits for specific performance of contracts to transfer the immovable property. This statements is :-
(a) False  (b) True  (c) Partly true  (d) Depends on the facts of each case
82.In case of a gift if the donee must accept the gift: –
(a) During the life time of the donor  (b) He is competent to contract
(c) He must be have transferrable right over the property   (d) All the above
83.Transfer of property Act has no relation with:-
(a) Air  (b) Water  (c) Light (d) All of these

84.Fraudulent transfer is :-
(a) Void  (b) illegal  (c) Immoral  (d) Voidable

85.Sale is a transfer of ownership in exchange for a price:-
(a) paid  (b) promised  (c) part paid and part promised (d) all of the above

86. Under Indian Evidence Act, a document required by law to be attested can be proved by calling :-
    (a) Both the attesting witnesses (b) At least one of the attesting witness
    (c) Any other person (d) A legal heir of the attesting witness

87.Which is not the immoveable property:-
(a) A lease of land (b) Growing crops (c) A right of way (d) A life interest in the income of immoveable property

 88.What kind of property is transferable :-
(a) Right to re-entry  (b) Public Office

(c) Any kind of property if not prohibited by law  (d) Pension

 89.What kind of transfer may be made orally :-
(a) Gift of immoveable property (b) Transfer of actionable claim
(c) Sale of immoveable property of value upward Rs. 100 (d) Surrender of lease

 90.Whether a transfer can be made in favour of an unborn person:-
(a) Yes, by machinery of trust  (b) yes  (c) Guardian has got to be appointed first
(d) None of the above

 91.When does an unborn person acquire vested interest on transfer :-
(a) As soon as he is born (b) On attaining majority (c) On attanining 21 years (d) After marriage, if female

92.A lets to B a farm on the condition that B shall walk 100 miles in an hour, Lease is :-
(a) Voidable  (b) Void  (c) Valid (d) Enforceable

 93.A has let his house at a rent of Rs. 100 payable on the last date of each month. A sells house to B on the 15th June. On 30th June what will be apportionment :-
(a) A will get Rs. 100  (b) B will get Rs. 100  (c) Rs.50 to A & Rs.50 to B
(d) The tenant will be exempted from payment of rent of that month

94.Which is not the ingredient of section 53(A) of T.P.Act :-
(a) Agreement for transfer  (b) Consideration (c) Transferee has performed his part
(d) Moveable property

95.Whether simple mortgage must always be registered:-
(a) Yes (b) If value of property is more than Rs. 100
(c) Registration not necessary (d) None of the above

96. Private alienation of attached property is (a) Void (b) Valid (c) Voidable (d) Discretion of the court

 97.In absence of contract or local law or usage to the contrary a lease of immoveable property shall be deemed to be…..  in case of agriculture leases:-
(a) Month to month  (b) Bimonthly  (c) Year to Year  (d) Biannual

 98.A gives a lakh of rupees to B, reserving to himself, with B’s assent the right to take back Rs. 10,000 at pleasure out of that amount This gift is :-
(a) Absolutely Valid  (b) Absolutely Invalid
(c) This cannot be said to a gift  (d) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000

 99.In criminal proceeding the fact that the accused is of good character is :-
(a) Relevant  (b) Irrelevant  (c) Unrebuttable  (d) None of these

 100.What is the prescribed age to testify facts before court?  (a) 18 years   (b) No age is prescribed   (c) Seven years   (d) twenty one
 
*******************END OF MOCK TEST-II*******************************

PALSAR MOCK TEST-III

BOLD OPTION is the ANSWER

1. Who can impound an unduly stamped instrument? a) Court only b) Any public officer including police officer b) Court or public officer but not police officer d) None

2. Who shall bear stamp duty?a) Executant b) Person in whose favour document is executed c) Scribe d) Any one of them.

3. Any person receiving money exceeding Rs……./- shall give a duly stamped receipt for the same. a) Rs.10, b) Rs.30/- c) Rs.100/- d) Rs.20/-

4.The consequences of an unduly stamped document are as follows: a) Can’t received in evidence b) can’t acted upon c) can’t be Registered d) All of them

5. Which court has jurisdiction to try the offences under stamp law? a) JMFC b) JMSC c) Sessions Judge d) Civil Judge.

6. What is the purpose of registration? a) Conservation of evidence, b) Publicity of documents c) Prevention of fraud d) All of them

7.Amongst the following one is wrong : a) S.17 of registration Act talks about document required to be registered b) S.3 of the Stamp Act is a charging section c) Law provides remedy for unduly stamped document but not for  unregistered documents d) None

8.Amongst the following one is wrong a) Registering authority can verify title b) It is the duty of the registering authority to ensure that executant registering the document c) Document shall be presented for registration within four months d) None

9.Who are the persons competent to present the document for registration before SRO?a) Person executing it or claiming under it b) Representative or assignee of such person c) By the agent of such person or duly authorized power of attorney holder d) All the above.

10.What is the date from which registered document operates?  a) Date of execution b) Date of registration c) Discretion of the parties d) None

11.Who are the parties in a bill of exchange? a) Drawer, b) Drawee, c) Payee d) All of them

12.________is an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of a certain person, or to the bearer. a) Promissory Note b) Cheque c) Bill of exchange d) None

13._______is generally a person, who for consideration became possessor of a promissory note, bill of exchange or cheque. a) Holder in due course b) Holder c) Payee d) All of them

14.What is the kind of relationship between Banker and Customer? a) Debtor and creditor b) Principal and agent d) Trustee and Beneficiary e) None

15.Negotiable Instrument is defined in _________. a)  Sec.13 b) S.12 c) S.11 d) None

16.What is the process by which a negotiable instrument is transferred to any person so as to constitute such person the holder called? a) Assignment b) Negotiation c) Conveyance d) Any one of them

17. Material alteration on a negotiable instrument renders it A) Valid b) Voidable c) Void d) none

18. Presumptions u/S.118 comes into play only if the a) Document is marked b) Document execution is proved c) Document contents are proved d) None

19.What are the important definitions under the A.P Rent Control Act? a) Controller b) Land lord b) Tenant d) All of them

20. Among the following one is wrong w.r.t A.P Rent Control Act:  a) To evict tenant under rent control act notice is not necessary b) To evict tenant under Transfer of Property Act notice is necessary c) The Act applies only to buildings which are age of 15 years above d) None

21.Among the following one is wrong w.r.t to A.P Rent Control Act: a) This Act has no application if building rent exceeds Rs.3500/- per month in Municipal areas b)  Civil Judge is designated as Rent controller under this Act c) Rent controller has authority to fix fair rent d) None

22.The term land lord underA.P  Rent control includes:  a) Owner of the building b) Person entitled to receive the rent c) Tenant who sub-let the building d) All of them

23.The term Tenant under A.P Rent control includes: a) Person to who pays rent b) Surviving Spouse c) Surviving Son d) All of them

24. Which section provides grounds to evict tenant under A.P.Rent Control Act?a) S.10 b) S.15 c) S.28 d) None

25.What are the grounds for Evicting Tenant under A.P.Rent Control Act? a)Denial of title of landlord  b) Willful default in payment of rents c) Bonafide requirement of the landlord d) All of them

26. Specific relief can be granted for a) Enforcing individual civil rights b) enforcing penal laws c) Both civil rights and penal laws d) neither civil rights nor penal laws.

27.A suit for possession of an immovable property u/S.6 of Specific Relief Act can be filed within     (a) 1 year of dispossession  b) 6 months of dispossession c) 3 years of dispossession d) 12 years of dispossession.

28.A suit for recovery of possession of an immovable property u/S.6 of Specific Relief Act can be filed against  (a) a private individual only   (b) a government (c) both a private individual and a government   (d) neither (a) nor (b).

 29.Burden to prove adverse possession is on a) Court b) defendant c) plaintiff   d) none of above.

 30.Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted a) if there is no concluded contract b) if there is a concluded contract c) if the compensation in money is not an adequate relief d) if there exists no standard for ascertaining the actual damages.

31.In case of specific performance of part of contract the purchaser a) may relinquish claim to further performance of the remaining part of contract and has right to compensation b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation c) specific performance of part of contract not possible d) none of above.

32.Under section 34, a declaration can be sought by a) a stranger who has no interest b) a person having a legal character or a right as to property which is denied c) a person whose legal character or right to property not denied (d) all the above.  

33.Injunctions cannot be granted in a suit a) in which the specific performance cannot be enforced b) for breach of negative contract to enforce specific performance c) for declaration where the plaintiff is in possession d) neither (a) nor (b) nor (c). 

34.Which section talks about grounds for granting perpetual injunction: a) 37 b) 38 c) 39 (d) 40.

35.Section 10 of the Specific Relief Act, 1963 provides for a) The contracts which can be specifically enforced b) The contracts which cannot be specifically enforced c) Both (a) and (b) (d) neither (a) nor (b).

36.Jurisdiction of the court to enforce specific performance of a contract is a) Absolute b) Discretionary c) General & not exceptional d) extensive.

37. Specific performance of a contract a) Will be ordered generally where damages are an adequate remedy b) May be ordered where damages are an adequate remedy c) Will never be ordered if damages are an adequate remedy d) May not be ordered if damages are an adequate remedy.

38. In which of the following cases, the specific performance of a contract will not be ordered (a) Where pecuniary compensation would afford adequate relief (b) Where the acts would require continued supervision by the court (c) Where the contract provides for personal affirmative acts or personal service (d) All the above.

39.Specific performance of contract to build or repair can be ordered (a) where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages (b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages (c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages (d) all the above.

 40.Section 9 of the Specific Relief Act, 1963 provides for (a) the grounds on which specific performance of contract can be granted (b) the defences which a person against whom the relief of specific performance is claimed may plead (c) the defences which a person against whom the relief of specific performance is claimed cannot plead (d) the grounds on which specific performance of a contract cannot be granted.

 41.Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract (a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract (b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract (c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court (d) either (b) or (c).

 42.An agreement to form a partnership (a) is enforced as a general rule (b) is enforced where parties have in part performance of the contract carried on the partnership business   (c) either (a) or (b)   (d) neither (a) nor (b).

 43.The propositions are :                                                                                                                               I.A contract for the sale of a patent can be specifically enforced.                                   II.A contract to assign a copyright is specifically enforceable.                                        III. An agreement to form a partnership is specifically enforceable as a general rule.  Which of the following is true in respect of the said propositions

(a) III is correct and I & II are incorrect           (b) III & II are correct and I is incorrect

(c) III & I are correct and II is incorrect   (d) I & II are correct and III is incorrect.

 45.The following section of the Specific Relief Act talks about Rectification (a) S.26 (b) S.25 (c) S.28 (d) S.29

46.The Perpetual injunction can be granted in cases of (a) contracts   (b) torts   (c) both (a) and (b)  (d) only (a) and not (b).

47. When Injunction can be refused? a) To restrain any person from applying to any legislative body. (b) To restrain any person from instituting or prosecuting any proceeding in a criminal matter; (c) To prevent the breach of a contract the performance of which would not be specifically enforced; D) None

48. Easement arises in …… Kind of Property a) Movable b) Immovable c) Both d) None

49. Hindu Marriage Act doesn’t applicable to the following? a) Christian b) Muslim c) Schedule Tribe notified by the president in Art.366(25) of COI d) All

50.Under section 3 of Hindu Marriage Act, a rule can be a ‘custom’ or usage       (a) If it is certain & not unreasonable        (b) If it is not certain but reasonable (c) If it is neither certain nor reasonable    (d) If it is either certain or reasonable.

51.Under the Hindu Marriage Act, the Sapinda relationship extends in the line of ascent, to (a) two degrees through the mother and three degrees through the father (b) three degrees through the mother and four degrees through the father (c) three degrees through the mother and five degrees through the father (d) five degrees through the mother and seven degrees through the father.

52. Propositions are 

I.A void marriage remains valid until a decree annulling it has been passed by a competent court. II.A void marriage is never a valid marriage and there is no necessity of any decree annulling it.     III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.  In respect of the aforesaid proposition which is correct 

(a) I and III are correct and II is incorrect     (b) II & III are correct and I is incorrect              (c) I, II & III all are correct                           (d) I & III are incorrect but II is correct.

53. Which among the following is void marriage? a) Bigamous b) Within the prohibited degree relationship c) Within the sapinda relationship d) none

54.A wife left to her parental house without informing her husband the remedy available to her husband to get her back is : a)Divorce b) Judicial separation d) Restitution of Conjugal Rights e) All

55.Whether husband leaving at her parental house and left for USA and stayed there for five years is it a ground for Divorce? a) Yes b) No    c) Discretion of the court d) Discretion of the parties

56. Spouse Suffering with incurable form of leprosy is it a ground for divorce? a) Yes b) No c) Discretion of the court d) None

57. Wife converted to other religion, is it a ground for divorce? a) Yes b) NO c) Discretion of the court d) None

58.A pre-marriage agreement to live separately is (a) void  (b) voidable  (c) valid  (d) invalid.

59.A post-marriage agreement to live separately in future is (a) void   (b) voidable   (c) valid   (d) invalid.

60.After the passing of a decree for judicial separation, co-habitation is (a) obligatory    (b) not obligatory   (c) directory   (d) either (a) or (c).

 61.A petition for judicial separation lies (a) If the marriage is void    (b) If the marriage is valid (c) If the marriage is either void or voidable  (d) If the marriage is invalid.

62. During judicial separation the (a) Parties continue to be husband & wife but marital rights and obligations are suspended (b) Parties continue to be husband & wife and the marital rights & obligation remain infact (c) Parties continue to be husband & wife and may suspend or may not suspend the marital rights & obligations    (d) Parties cease to be husband & wife.

 63.Under section 10 of Hindu Marriage Act, 1955 the grounds for judicial separation are (a) the same as the grounds for divorce   (b) different from the grounds for divorce (c) neither same nor different from the grounds for divorce  (d) all the above.

64. Amongst the following one is WRONG? a) Maintenance Pendent elite is provided u/S. 24 Hindu Marriage Actb) Permanent Alimony is provided u/S. 25 Hindu Marriage Act c) Divorcee can remarry after the period for preferring appeal against the divorce decree has been expired or if appeal is preferred after dismissal of appeal. D) None

65.Both wife and husband acquired property when they were living together can the court can pass a partition order in a petition under Divorce? a)Yes b) No c) With the consent of the parties d) Discretion of the court

66.Whether divorce application can be filed within one year of marriage? a)Yes, b) No c) With the leave of the court, it can be filed d) None

67.Husband convicted  for offence S.……… IPC, entitled wife for divorce?a)S.302 b) 304 A c) 377 d) Any one of them

68.What is the effect of Marriage if a material fact is suppressed?A) Void b) Voidable c) Valid d) None of the above

69.What is the time limit for preferring petition under Sec. 12  of Hindu Marriage Act  a) Two years b) One year c) Three years d) No time limit

70.Amongst the following one is WRONG?a) The court pass a decree of judicial separation in a petition for Divorce.b) The court can grant custody of children in the proceedings under Hindu Marriage Actc) Even there is a custom of 2^nd marriage in Hindus, it is void d) None

71. License is defined S….. of Easement Act(a) 53   (b) 52  (c) 51  (d) None

72. The following easement is granted by law(a) Necessity (b) Prescription (c) A & B  (d) None

73. Easement can be acquired by way of (a) Custom   (b)Contract    (c) Law   (d) All the above

74. S.15 of easement Act is not applicable to :a) Pathway b) Right to getting light or air c) Open space d) None

 75.Hindu Marriage Act and Hindu Succession Act don’t apply to:a) Sikh b) Buddha c) Parsi d) Jain

76.If a person disputes applicability of Hindu Laws to him burden to prove it ….a) Upon that person b) His opponent c) On court d) All of them

77. Amongst the following one is wrong:   a) Descendants from a common ancestor through different wives are called Half Blood  b) Descendants from a common ancestress through different husband are called Uterine Blood relatives  c) Descendants from a common ancestor and a wife are called as Full Blood relatives d) None

78. In case of succession who has to be given preference a) Full Blood, b) Half-blood b) Uterine blood c) None

80.Amongst the following one is wrong:  a) As per S.6 of the Hindu Succession Act, the Share of a Coparcenar devolves upon his heirs by way of Survivorship.  b) As per S.8 the self acquired property of Hindu Male devolves under the rules mentioned in it. c) Daughter of a coparcener became entitled to share in coparcenary by virtue of amendment to Sec. 6 in the year 2005. d) None

81.An unmarried Hindu died leaving behind mother and father only and as such who takes the property? a) Mother b) Father c) Both d) None

82.Among the following one is wrong?  a) A child in womb gets right in the property of its father b) A Hindu widow got a plot in lieu of maintenance and as such it is her Self Acquired property c) The concept of Pious obligation is deleted d) None

83.Among the following one is wrong? a) Succession Act deals with intestate succession b) If the will is not proved, property of the deceased must be distributed as per Succession Act b) Co-Sharer has a preferential right over the property   d) None

84.Amongst the one is not eligible for succession? A) Murder b) Converter to another religion c) HIV Patient d) All

85.Among the following one is wrong? a) In the absence of legal heirs government would take the property subject to liabilities b) Law presumes elder died earlier in the event of doubt between about their time of death c) If partition is effected all the heirs take the property like Tenants in Common (S.19) d) None

86.Among the following one is wrong? a) 2^nd wife has no legal status b) Illegitimate child entitled to self-acquired property of father c) Illegitimate child entitled to Co-parcenery property of father d) None

87.Among the following one is wrong? a) Agnates are person related through males b) Daughter is barred from claiming partition with brothers in respect of dwelling house c) Daughter is a coparcener d) None

88.Amongst the following one is right? a) Plea of limitation shall be specifically raised by the defendant b) Defendant can excuse the Plaintiff to continue the suit after limitation c) Court has to consider the plea limitation though it is not raised by defendant  d) None

89. Amongst the following one is right? a) Upon expiry of time limitation, right extinguishes b) Upon expiry of limitation, claim bars c) There is no time limitation for execution of mandatory injunction d) None

90. S.5 Limitation Act doesn’t apply to: a) Suits b) Appeals c) Applications d) none

91. Amongst the following one is Wrong? a) If the last day happens to be a holiday suit can be filed on the next working day b) If the advocates abstain from attending work, suit can filed on next working day c) Disability doesn’t come in way once time limitation starts. d) None (Question revised)

92. The following time period shall  not be excluded from counting a) Time taken for obtaining certified copies of award, Judgment, Decree b) Day of Judgment shall be excluded. c) Time taken for obtaining leave to sue as an indigent person d) None

93. Under following circumstances time limitation revives: a) Acknowledgment of debt within the time period b) Acknowledgment of debt after the time period c) Part payment of debt after the time period d) None

94. Amongst the following one is right? a) 18 Limitation Act and S.25(3) Contract Act are one and the same b) S.18 Limitation Act and S.25 (3) Contract Act are two different concepts c) S18 shall be in writing and S.25 (3) Contract Act can be oral also d) None

95. Amongst the following one is right? a) Time taken for obtaining sanction from Government shall be excluded b) If a party is impleaded during the progress of suit limitation has to be reckoned from date on which he is impleaded or from any other date as the court orders. c) Suit for recovery of possession of immovable property is dealt under Art. 64& 65 d) None

96.What is time limitation to file suit for specific performance ? a) Three years from the date of due b)  Three years from the date of refusal if there is no time fixed.  c) Date of contract  d) Six years.

97What is the time limitation for action for libel? A) Two years, b) Three years c) One year d) None

98.Among the following one is wrong? a) If the special act provides time limitation, it prevails over Limitation Act. b) The time period in case of Suit for cancellation of document is counted from the date of knowledge c) Suit for setting aside sale of joint family property is 109 Twelve Years. d) None

99. Among the following one is wrong w.r.t A.P. Encroachment Act a) It applies to government properties only b)  Tahsildhar is competent authority and civil court has no jurisdiction under this Act. d) Appellate authority is Revenue divisional authority. D) None

100. A rights which restricts the exclusive enjoyment ……a) Lease b) Easement c) Sale d) Mortgage

Dear Aspirants for Jr.Civil Judge Post (High Court of Hyderabad),

We hereby inform that there are only thirty four posts and as such only three hundred around can appear for Mains exam.     Thus, this time competition is very tough.   Hence, PALSAR, conducts three mock tests with more seriousness and don’t get worried if you find it to be tough.  The object of these mock tests are to inform you about serious areas where much concentration is required.  We will post answers tomorrow only.   These three tests are organized in the following style.

Dear Aspirants for Jr.Civil Judge Post (High Court of Hyderabad),

We hereby inform that there are only thirty four posts and as such only three hundred around can appear for Mains exam. Thus, this time competition is very tough. Hence, PALSAR, conducts three mock tests with more seriousness and don’t get worried if you find it to be tough. The object of these mock tests are to inform you about serious areas where much concentration is required. We will post answers tomorrow only. These three tests are organized in the following style.

PALSAR MOCK TEST-I

1. Temporary injunction may be granted :-
a) To restrain any election
b) To restrain dispossession from property
(c) To restrain any intended disciplinary action against public servant
d) To restrain the result of any adverse entry against the public servant

2. What is the time limit to for respondent to file cross objections from the day of service of the notice of the hearing of appeal?
(a) In 15 days (b) In one month (c) In 45 days (d) In 21 days

3. Amongst the following one is not movable property under section 22 I.P.C.?
(a) Soil     (b) Cheque     (c) Tree     (d) Fish in a tank4.

4. What is not correct about the self defence :-
(a) Nothing is offence which is done in exercise of right of private defence.
(b) Right of private defence is extended to causing death in the case of robbery
(c) Right of private defence is extended to causing death in defamation case.
(d) There is no right of private defence, if there is time to have recourse to the protection of public authorities.

5. A instigates B to murder C, B refuses to do so :-
(a) B is guilty of abetment        (b) A is guilty of abetment of murder
(c) A & B both are guilty of abetment     (d) None of the above

6.Y holds Z down and fraudulently takes Z’s money from Z’s clothes without Z’s consent. Y has committed.
(a) Theft       (b) Extortion
(c) Dishonest misappropriation of property      (d) Robbery

7. Which ingredient is not essential for Rioting?
(a) Unlawful assembly of five or more persons
(b) Common object of the unlawful assembly as specified u/s 141
(c) Accused joined or continued in such unlawful assembly
(d) There must be definite disturbance of the public peace on public place

8. Minimum sentence for ‘Ten years imprisonment’ is necessary for which of these offences?
(a) Section 326 voluntarily causing grievous hurt by dangerous weapon
(b) Section 376(2) g Gang rape
(c) Section 395 Dacoity
(d) Section 409 Criminal breach of trust by a public servant

9. A without any excuse fires a gun shot into a crowd of persons and kills two of them – A is guilty of :-
(a) Murder – section 302 (b) Causing death by negligence – section 304(A)
(c) Culpable homicide not amounting to murder -section 304 (d) No offence

10. A is accused of rape. What defense is permissible to him according to law :-
(a) They love each other and want to marry       (b) He lost his control under circumstances
(c) She Consents to the act of sexual intercourse    (d) None of the above

11. What punishment may be awarded for the offence voluntarily causing hurt to deter a public servant force his duty u/s 321.P.C.?
(a) Imprisonment upto three years and fine or both     (b) Imprisonment upto five vears and fine or both
(c) Imprisonment upto seven years and fine or both    (d) Imprisonment upto ten years and fine or both

12. A makes an attempt to steal some jewels by breaking open a box and finds there no jewel in it, A is guilty of attempt of theft. What punishment may be awarded to him :-
(a) The same punishment as for theft
(b) One half of the term of imprisonment provided for the offence of theft or with such fine as provided for the offence or with both
(c) Express provision is provided for punishment “Attempt to Theft” in Indian Penal Code (d) Only Fine

13. What ingredient is not necessary for the offence punishable under section 279 I.P.C. (Rash driving on public way)
(a) Driving of Vehicle           (b) On a Public way
(c) Such driving must be so rash or negligent as to endanger human life        (d) Persons were on road

14. A and B agree to fence with each other for amusement. A while playing fairly hurts B:-
(a) A is liable for Voluntarily causing hurt     (b) A is liable for assault
(c) A has committed no offence            (d) A is liable to compensate B

15. What offence is bailable ?
(a) Mentioned as bailable offence in I Schedule of Cr.P.C.
(b) All cases of summon’s trial
(c) All non-cognizable offences
(d) All cases which are not triable by session

16. A Patient in lunatic asylum, who is at intervals of sound mind.
(a) May not Contract     (b) May contract
(c) May contract during those intervals when he of sound mind.
(d) May contract only after he becomes completely of sound mind.

17. Who may claim for maintenance under section 125 of Cr.P.C?
(a) Wife who has her own source of income      (b) Illegitimate minor child
(c) Married daughter        (d) Brother and Sister

18. A minor girl lived with her father at Hyderabd, she became intimate with the accused and ran away sith the accused from Hyderabad to Warangal in a taxi. After some time they eventually settled in Nalgonda. An offence of kidnapping may be tried.
(a) at Hyderabad           (b) at Warangal            (c) at Nalgonda          (d) at any place mentioned above

19. Who may record a confessional statement under section 164 Cr.P.C.?
(a) Police Officer            (b) Executive Officer                (c) Judicial Magistrate who has jurisdiction only
(d) Any Judicial Magistrate

20. Who may complain for Bigamy u/s 494 Cr.P.C.?
(a) Mother, Father, Brother or sister on behalf of wife
(b) Police             (c) Any Social institute                       (d) None of the above

21. The presumption for an ancient document u/S.90 extends to…                                                                                         (a) Contents of the Document          (b) Execution of the document     (c) A & B     (d) None

22. Where no sum is expressed to which a fine may extend there the amount of fine to which the offender may be liable will bet-
(a) Not exceeding rupees fifty thousand              (b) Not exceeding rupees twenty five thousand
(c) Not exceeding rupees ten lakh             (d) Unlimited but not excessive

23. When a surety to a bond dies before the bond is forfeited, the liability in respect of bond.
(a) Shall not be discharged.             (b) Shall be discharged.
(c) Court has discretion to remit any portion.          (d) There is no provision.
24. Minimum number of persons required to commit an affray is :-
(a) Five               (b) Two              (c) Ten              (d) Eleven

25. Appeal in case of acquittal by a Magistrate may lie in ?
(a) High Court            (b) Sessions Court             (c) C.J.M’s Court               (d) No appeal lie

26. What is the time limit in sec. 468 Cr.P.C. for taking congnizance in a case of 498A IPC?
(a) Six months      (b) One Year         (c) Three years          (d) No limit

27. What is the meaning of “Not proved” under Evidence Act?
(a) Fact does not exist          (b) Non-existence probable       (c) Court has doubt,
(d) Neither proved nor disproved.

28. A is accused of the murder of B by beating him. What is not relevant piece of evidence?
(a) Whatever was said by A or B or by slanders at the time of beating
(b) A has intention for murder of B.                                                                                                                                                (c) Marks on the ground of struggle between A to B.
(d) A is a man of bad character.

29. Facts not otherwise become relevant if they are inconsistent or makes highly probable any fact-in-issue or a relevant fact.
(a) Cannot be relevant          (b) Relevant u/s 11 of Rvidence Act
(c) Relevant u/s 9 of Evidence Act        (d) Relevant u/s 7 o f Evidence Act
30. A rustic woman in apprehension of assault and maltreatment makes a confession for murder of her mother-in-law at the village panchayat. Whether this confession is relevant?
(a) As extrajudicial confession         (b) Can’t be proved due to involuntariness
(c) As a supporting evidence to the fact deposed by the witness         (d) Partly admissibl

31. Provisions sec. 32(1) of Evidence Act are attracted, where what is not true ?
(a) The cause of death is required to be ascertained                                                                                                                     (b) The deceased statement is related to the cause of death
(c) To circumtances connected with death                                                                                                                                     (d) Verbal statement is not relevant, it must be in writing

32  What type of Secondary evidence relating to public documents may be given ?
(a) Oral evidence about contents          (b) Certified copy of the document
(c) Photostate copy          (d) Written admission

33. What is not true about the mode of proof for a will ?
(a) One attesting witness at least to be examined
(b) Not necessary to call any attesting witness if will has been registered
(c) No proof required if it is admitted by an heir of the executants
(d) Where attesting witness not found handwriting of attesting witness and signature of executant must be proved

34. Execution of document may be presumed if the document is to be old :-
(a) Ten years            (b) Twenty years              (c) Thirty years               (d) Forty years

35. Who may not testify :-
(a) An accomplice                (b) Child             (c) Dumb person
(d) Lumatic – who is unable to understand question and to give a rational answer.

36. What is not true ?
(a) Witness may be cross-examined as to previous statement in writing
(b) Leading question may be asked in cross-examination
(c) Person called to produce document can be cross-examined
(d) Party calling the witness may cross-examine him with the permission of Court

37. What are privileged Document :-
(a) Statement in department enquiry
(b) Any communications between Chief Minister and Governor of State
(c) The accident register kept by a medical practitioner
(d) A defamatory imputation about a person in the instructions to an advocate

38. Civil death may be presumed if it is proved that one has not been heard of for by person who would have naturally heard of him :-
(a) 10 years          (b) 20 years              (c) 12 years                   (d) 7 years

39. An agent can be appointed by:-
(a) A minor of sound mind                  (b) A major of sound mind
(c) Any person of sound mind                    (d) Any major of sound or unsound mind

40. In a pledge ownership of property or goods:-
(a) continued in pledger                                                                                                                                                                     (b) transferred to the pledge                                                                                                                                                                 (c) cannot be transferred to pledgee under any circumstances                                                                                                   (d) Cannot continue with pledger under any cicumstances

41. Novation of a contract means:-
(a) Renewal of original contract                    (b) Substitution of a new contract in place of original contract
(c) Alternation of contract                  (d) Recision of Contract

42. A decree can be :-
(a) Preliminary                   (b) Final                   (c) First preliminary then final            (d) Either preliminary or final

43. Mohan residing in Mumbai beats Sohan in Delhi, Sohan maysueMohan:-
(a) Only in Mumbai          (b) Only in Delhi         (c) Either in Mumbai or in Delhi        (d) None of these

44. Principle of res judicata applies :-
(a) To suits only         (b) To execution proceedings only              (c) To arbitration proceedings only
(d) To suits as well as execution proceedings

45. 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 which shall not be later than:-
(a) 45 days       (b) 60 days          (c) 90 days         (d) 120 days of summons

46. Where immovable property is transferred for consideration by persons having distrinct interest therein, but their interests in the property are of equal value, the transferor are :-
(a) Entitled to get equal share in the consideration
(b) Entitled to get unequal share in the consideration
(c) Entitled to get equal share subject to further transfers in future
(d) None of the above

47. Rule of lis pendents is applicable to suits for specific performance of contracts to transfer the immovable property. This statements is :-
(a) False              (b) True            (c) Partly true            (d) Depends on the facts of each case

48. In case of transfer of property the seller is :-
(a) not entitled to rents and profits
(b) entitled to rents and profits of the property till the ownership there of passed to buyer.
(c) Entitled to rents and profits forever            (d) None of the above
49. Compounding of offence under the provisions of criminal procedure code results in that criminal case :-
(a) Acquittal of accused            (b) Discharge of accused
(c) Acquittal only if the chaerges have been framed             (d) Discharge only if the charges have been framed

50. Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is:-
(a) 90 days                  (b) One years             (c) Three years              (d) No period of limitation is prescribed

51. 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) Comparison of the two, admitted and disputed documents                 (d) All of the above

52. A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, Dand E dies. B marries with the consent of C and D, it is deemed that :-
(a) B has fulfilled the condition             (b) B has not fulfilled condition
(c) Condition became void                   (d) Condition became Illegal

54. A Hindu who has separted from his father B sells to C three fields X, Y and Z representing that A is authorised to transfer these fields Z does not belong to A but on B’s death A as heir obtains Z, C did not rescind the contract :-
(a) Contract became infructuous              (b) C may require A to deliver Z to him
(c) Contract is void                   (d) Contract is unenforceable

55. Under section 80 of Civil Procdure Coder-
(a) Ninety days          (b) Sixty days             (c) Three months
(d) Two months notice in writing is required to be delivered before institution of a suit against the Government.

56. Transfer of Property pending suit thereto the transfer shall be:-
(a) Void                (b) Affected subject to the decree or order of the court            (c) Illegal              (d) Inftuctiuous

57. What is not correct – the liabilities of the seller is that he is :-
(a) to disclose to the buyer any material defected in the property
(b) to produce to the buyer for examination all documents of title relating to the property
(c) not to answer to the best of his information all the relevant questions put to him by the buyer in respect of the title
(d) to give possession to the buyer as its nature admits

58. Where the principal money secured is 100 rupees a mortgage other than a mortgage by deposit of title deeds, what is not correct about it :-
(a) Must be signed by the mortgagor         (b) Must be attested by at least two witnesses
(c) Can be affected by at by oral agreement         (d) Must be by a registered instrument

59. Mortgaged property in possession of the martagagee has, during the continuance of the mortgage received any accession upon redemption in the absence of a contract to the contrary, who shall be entitled to such accession?
(a) Mortgagee             (b) Mortgagor                (c) Mortgagee and mortgagor in equal share          (d) None of the above

60. A lease of immoveable property does not determine:-
(a) By efflux of the time limited thereby         (b) on death of the lessor         (c) By surrender
(d) Where such time is limited conditionally on the happening of some event by the happening of such time.

61. A made a gift of property to B before acceptance by B, A dies. Gift is :-
(a) Legal          (b) Illegal            (c) Void         (d) Voidable

62. A owes money to B who transfers the debt to C, B then demands the debt from A who not having received notice of the transfer as prescribed in section 131 of the T.P.Act 1882 pays B The payment is:-
(a) Legal               (b) Illegal              (c) Enforceable              (d) Not enforceable

63. The agreement which is not enforceable legally is called:-
(a) Voidable           (b) Void              (c) Illegal              (d) Voidable Contract

64. A agrees to sell a horse worth Rs. 1000 for Rs. 10 A’s consent to the agreement was freely given.The agreement is :-
(a) Voidable       (b) Void        (c) Contract        (d) Illegal

65. One of the following ingredients is not necessary for contract :-
(a) Proposal             (b) Acceptance              (c) Consideration               (d) Immovable Property

66. The following agreements remain valid even though there is no consideration:-                                                            (a) Agency             (b) Promise to pay Time barred debt                   (c) Promise to pay for past voluntary services        (d) All the above

67. A intending to deceive B falsely represents that five hundred tons of indigo is made annually at A’s factory and thereby induce B to buy the factory The contract is :-
(a) Void                      (b) Voidable at the option of A                      (c) Voidable at the option of B                 (d) Illegal

68. A promises to maintain B’s child. B Promises to pay A Rs. 1000 yearly for the purpose. The consideration is:-
(a) Lawful                (b) Unlawful                 (c) No consideration                  (d) None of these

69. A agrees to sell to B a hundred tons of oil. There is nothing whatever to show what kind of oil was intended. The agreement is :-
(a) Voidable              (b) Void               (c) Enforceable              (d) Non-enforceable

70. A agrees to pay B a sum of money, if B marries C, C marries D. The agreement is:-
(a) Void              (b) Voidable               (c) Legal               (d) Illegal

71. A Promises to paint a picture for B within 10 days at a price of Rs. 1000 A dies before the days. The contract is :-
(a) Enforceable       (b) Non-enforceable                  (c) Voidable              (d) Void

72. A contracts to sing for B at a concert for Us. 1000 which are paid in advance. A is too ill to sing. Then :-
(a) A must refund to B Rs. 1000 paid in advance                      (b) A must not refund to B Rs. 1000 paid in advance
(c) B can receive compensation from A                    (d) None of the above

73. A, a tradesman leaves his goods at B’s house by mistake B uses the goods as his own. Then :-
(a) B need not pay to A, provided it is gratuitous act
(b) B is bound to pay A, provided it is non-gratuitous act
(c) There is no contract (d) None of the above

74. A witness who is unable to speak, gives his evidence by writing in Open Court, Evidence so given shall be deemed to be :-
(a) Oral evidence               (b) Documentary evidence               (c) Primary evidence             (d) Secondary evidence

75. A person summoned to produce a document when produces the document then:-
(a) He becomes a witness             (b) He is cross-examined by both the parties
(c) He is cross-examined with the permission of the court
(d) He does not become witness and cannot be cross-examined unless and until he is called as a witness

76. Any questions suggesting the answer which the person putting it wishes or expects to receive is called :-
(a) Indecent question         (b) Scandalous question        (c) Question intended to annoy          (d) Leading question

77. Provisions of Transfer of property Act shall be applicable :-
(a) Where property is transferred in execution of decree of the court
(b) Where the property of insolvent vests in Receiver by the order of the court
(c) Where the property is transferred by the act of parties (d) To intestate succession

78. ‘Attested’ in relation to an instrument means and shall be deemed always to have been attested by the least :-
(a) One witness (b) Two witnesses (c) Three witnesses (d) Four witnesses

79. To be competent to transfer property it is not essential that:-
(a) Person be major             (b) Person be sound mind             (c) Person is competent to contract
(d) Transferable property is his own

80.How many types of mortgages are there in section 58 to Transfer of property act?
(a) Four       (b) Five       (c) Six         (d) Seven

81.What is not required in Gift?
(a) Donor and donee            (b) Consideration              (c) Moveable or immoveable property                                            (d) Transfer and acceptance

82. For the purpose of making a gift of immoveable property the transfer must be affected :-
(a) By delivery of possession
(b) By aregistered instrument signed by or on behalf of the donor and duly attested
(c) By simple instrument
(d) By simple instrument accompained by delivery ofpossession

83. A gift comprising both existing and future property:-
(a) Is void        (b) Is valid       (c) Is void as the existing property       (d) Is void as the future property

84. Amongst the one is wrong:-
a) Minor can be agent                 b) Agency requires no consideration                c) Generally agency can be revoked
d) None

85. Which of the following statements is correct in relation to sub-agent?
(a) He is employed by the prinicipal in the business of the agency.
(b) He is employed by the original agent in the business of the agency.
(c) He acts under the control of the principal.
(d) The agent is not responsible to principal for the acts of the sub-agent

86. A gives authority to B to sell A’s land and to pay himself out of the proceeds, the debts due to him from A. In the adsence of an express contract.
(a) A can revoke this authority
(b) Authority can be terminated by the insanity of A
(c) Authority can be terminated by the death of A
(d) A cannot revoke this authority, nor can it be terminated by his death of insanity.

87. In reference of District court which one of the following statements is not correct?
(a) It can transfer any suit, appeal or other proceeding pending before it for trial to any court subodinate to it and competent to try or dispose of the same.
(b) It can withdraw any suit and appeal or other proceeding pending in any court subordinate to it.
(c) It can try or dispose of the suit, appeal or other proceeding withdrawn from any court subordinate to it or it may transfer the same for trial or disposal to some other court subordinate to it and competent to try of dispose of the same.
(d) It cannot rctransfer any suit, appeal or other proceeding to the court from which it was withdrawn.

88. Under section 34 of civil procedure code, Court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed…….. per annum.
(a) Nine percent              (b) Ten percent            (c) Six percent       (d) Twelve percent

89. Any amount which a court will order to be paid as compensatory costs in respect of false or vaxatious claims or defences, shall not exceed the amount of-
(a) Two thousand rupees or the amount within its pecuniary jurisdiction.
(b) Three thousand rupees or the amount within its pecuniary jurisdiction whichever is less.
(c) Four thousand rupees or the amount within its pecu-niaryjurisduction, whichever is less.
(d) Five thousand rupees or the amount within its pecuniary jurisduction, whichever is less.

90. During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party such question shall be determined by:-
(a) The court which passed the decree      (b) The court executing the decree
(c) The appellate court           (d) A separate suit

91. A judgment debtor is arrested in execution of a decree for the payment of money and the judgement-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer :-
(a) Shall send the judgment debtor to civil prison.       (b) Shall take judgment debtor to the court.
(c) Shall at once release him.         (d) Shall release him after taking security from him.

92. A leaves a cow in the custody of B to be taken care of. The cow has a calf. In the absence of any contract to the contrary.
(a) B is bound to deliver only the cow to A
(b) B is bound to deliver the calf as well as the cow to A
(c) B is bound to deliver the calf as well as the cow if he is paid half the price of the calf.
(d) B is bound to deliver the calf as well as the cow if he is paid one third of the price of the calf.

93. Finder of a lost thing which is commonly the subject of sale, may sell it when the lawful charges of the finder, in respect of the thing found amount to.
(a) one fourth     (b) Half     (c) One third        (d) Two third of its value.

94. Aggrieved person may not apply for a review of an order or judgement of a Civil Court, on one of the following grounds :-
(a) A decree or order from which an appeal is allowed but from which no appeal has been preferred
(b) A decree or order is passed in the absense of aggrieved person
(c) A decree or order from which no appeal is allowed
(d) A decision on a reference from a court of small cause

95. Order for disposal of property at conclusion of trial by Criminal Court. What is not correct :-
(a) By destruction
(b) By confiscation
(c) Delivery to any person claiming to be entitled to possession
(d) By declaration of title of any person to the ownership of property

96. Judge has power to put question or order production of document, what is not true:-
(a) Parties shall not be entitled to make objection to any such question or order
(b) Parties shall be entitled to cross-examine the witness upon answer given in reply of such question as a right
(c) Without the leave of Court Party shall not be entitled to cross examine
(d) Judge shall not be entitled to compel any witness to answer or produce document which is refusablc u/s 121 to 131 Evidence Act.

97. Suit for partion of immovable property shall be instituted in the court where:-
(a) Plaintiff resides
(b) Plantiff carries on his profession
(c) Subject matter is situated
(d) With the permission of the District Judge, in the Court

98. Court may make order for the payment of Compensatory cost from any party submitting false, claim or defence :–
(a) upto Rs. 5000       (b) upto Rs.3000       (c) upto Rs. 1000        (d) Any amount without limit

99. Question which shall be determined by the court executing decree :-
(a) Decree obtained by fraud
(b) Whether any person is or is not the representative of a party
(c) Decree obtained by Collusion                 (d) None of these

100.The property which is not liable to attachment and sale in execution of decree :-
(a) Government securities        (b) Promissory Note          (c) Books of Account           (d) Bond

101. Civil Court may not issue a commission :-
(a) to examine any person          (b) to examine accounts       (c) to perform any ministerial Act    (d) to arrest a person

102. Which of the following is not correct regarding powers of appellate court :-
(a) Have power to determine a case finally       (b) I lave power lo remand the case
(c) Not have power to lake additional evidence      (d) It has power to frame issues and refer the matter for trial

103. The plaint shall not be rejected in one of the following conditions :-
(a) Where it does not disclose a cause of action
(b) Where it is not submitted by an advocate
(c) Where the relief claimed is undervalued and it is not corrected after the order of Court
(d) Where the suit appears from the statement in the plaint to be barred by law.

104. Auction purchaser shall pay full of purchase money :-
(a) Within 7 days             (b) Within 15 days              (c) within 21 days              (d) within 30 days

105. Which one of the following is not essential condition for application of Res Judicata:-
(a) Previous suit was finally heard and decided by the Court of Competent Jurisdiction
(b) Previous suit must be pending before a Court
(c) Parties in previous and the subsequent suits must be the same
(d) Subject matter of previous and the subsequent suite must be the same

106.Proceeding in a suit, relating to minor shall not the stayed:-
(a) On retirement of the next friend of a minor             (b) On attaining the majority by the minor
(c) On removal of the next friend of a minor              (d) On death of the next friend of a minor.
PALSAR MOCK TEST-II
1. If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed to the conunter claim:–
(a) Shall be stayed            (b) Nevertheless be proceeded with
(c) May be continued with the leave of High court           (d) No specific provision

2. Where the decree is for the payment of sum of money exceeding five thousand rupees the period of civil prison :-
(a) Shall not exceed three months        (b) Shall not exceed six months
(c) Shall not exceed nine months          (d) Shall not exceed one year
3. Who among the following is not entitled to exemption from personal appearance in the court: –
(a) Former Indian Ruler            (b) Chairman of the state legislative councils
(c) The ministers of States              (d) Collector

4. Caveat shall not remain in force after expirty of :-
(a) Ninety days         (b) Sixty days              (c) Thirty days          (d) Fifteen days

5. If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of court:-
(a) Fifteen days         (b) Fourteen days           (c) Twenty days       (d) Thirty days

6. Where the plaint has been rejected the plaintiff on the same cause of action:-
(a) May present a fresh suit             (b) Cannot present a fresh suit
(c) May present a fresh suit with the leave of High court            (d) None of the above

7. Where the suit is dismissed under rule 2 or 3 or order 9 CP.C. The plaintiff:-
(a) May bring a fresh suit subject to law of limitation
(b) Cannot bring a fresh suit      (c) May bring a fresh suit with the leave of High court
(d) May bring a fresh suit with the leave of District Judge

8. Y inserts his hand into the pocket of Z but the pocket was empty. Y is guilty of :-
(a) No offence as the offence was not completed (b) Theft (c) Mischief (d) Attempt to theft

9. Where any property has been attached in execution of decree and the court, for any reason passes an order dismissing the execution application but omits to give any direction as to attachment:-
(a) Attachment shall be deemed to have ceased      (b) Attachment shall cease after three months
(c) Attachment shall cease after six months
(d) Attachment shall cease after one year.

10. Where any party dies after conclusion and before pronouncing of Judgment:-
(a) The suit shall abate      (b) The suit shall not abate
(c) The suit shall not abet if cause of action survives
(d) It will be deemed that judgment has been pronounced after death of a party

11. Where a decree of compromise which was not lawful, there :-
(a) Suit shall lie to set aside such decree      (b) Complaint has to made to High court
(c) No suit shall lie to set aside such decree
(d) Suit may lie to set aside such decree with the leave of District Judge

12. Where an indigent person succeeds the court fee shall be recovered:-
(a) From the defendant     (b) From the State Government
(c) Not recoverable        (d) From the Plaintiff

13. An Attachment made before judgment in a suit which is dismissed for default:-
(a) Shall not become revived merely by reason of the fact the order for dismissal of the suit or default has set aside,
(b) Shall become revived merely on the basis of restoration of suit
(c) Shall become revived on the order of Appellate Court
(d) Shall become revived on the order of High Court.

14. If the offence be punishable with fine only and accused has been awarded with fifty rupees fine the period of imprisonment in default shall:-
(a) Not exceeding one month        (b) Not exceeding two month
(c) Not exceeding three month      (d) Not exceeding four month

15.A instigates B to give false evidence here, if B does not give false evidence what offence A has committed :-
(a) A is guilty of no offence         (b) Attempt to give false evidence
(c) Offence punishable with imprisonment of any description provided for that offence for a term which may extend     to one-fourth part of the longest term provided for that offence and with fine.                                                                     (d) None of the above

16. What punishment is provided for Dowry death:-
(a) Not loss than three years       (b) Not less than five years
(c) Not less than seven years and in rare circumstances may extent to death sentence
(d) Not less than seven years but which may extend to imprisonment for life

17.Which is not the stolen property :-
(a) Possession whereof was obtained by cheating               (b) Possession whereof was obtained by robbery
(c) Possession whereof was obtained by dacoity     (d) Possession whereof was obtained by criminal breach of trust

18. A Police officer arrested and detained a person in the lockup despite production of a bail order from the court Police officer is guilty of :-
(a) Wrongful restrain       (b) Wrongful confinement        (c) abduction        (d) Kidnapping

19. What must be the age of a minor with regard to the offence of kidnapping:-
(a) Sixteen years     (b) Eighteen years
(c) Under sixteen years of age, if a male and under eighteen years of age, if a female
(d) Under twenty years of age, if a male and under eighteen years of age, if a female

20. What is not correct about ‘Rape’:-
(a) Consent is immaterial if she is under 16 years of age       (b) Penetration is sufficient
(c) Intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape
(d) Death penalty may be awarded

21. ‘A’ threatens to publish a defamatory libel concerning ‘B’ unless ‘B’ gives him money. He thus induces ‘B’ to give him money. ‘A’ has commit-ted:-
(a) Extortion        (b) Defamation             (c) Criminal intimidation            (d) Robbery

22. What is the offence preparation whereof is also punishable:-
(a) Theft       (b) Dacoity         (c) Murder       (d) Rape

23.A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A fails in the attempt in consequence of B’s having nothing in his pocket. A is guilty of :-
(a) No offence        (b) Theft             (c) Attempt to theft            (d) Using criminal force

24.A Voluntarily throws into a river a ring belonging to B with intention thereby causing wrongful loss to B, A has committed:-                                                                                                                                                                                          (a) Theft        (b) Extortion             (c) Robbery              (d) Mischief

25. What punishment may be awarded to the person whose act is covered under general exceptions:-
(a) No punishment               (b) Half of the punishment prescribed for that offence
(c) One fourth of the punishment prescribed for that offence                (d) Depends upon discretion of the court.

26.What sentence an Assistant Session Judge may award:-
(a) Life imprisonment
(b) Any sentence authorised by law except a sentence of imprisonment for life or of imprisonment for a term exceeding ten years                                                                                                                                                                              (c) Upto fourteen years                (d) Upto twenty years

27. A person arrested by a police officer may be kept in custody for :-
(a) Two days                (b) Three days               (c) Twenty four hours           (d) One week

28. Now how much amount of monthly maintenance may be awarded in favour of a wife under section 125 of Cr.P.C.:-
(a) Three hundred rupees      (b) Four hundred rupees              (c) Five hundred rupees            (d) No fixed limit

29.In a first information an offence is cognizable and other is non-congnizable the whole case shall be deemed to be:–
(a) Cognizable            (b) Non-cognizable              (c) It is to be seen whether it is a warrant case                                        (d) It is to be seen whether it is a summon case

30. What is true about Court of Session :-
(a) It can take cognizance without commitment            (b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put by the Superintendent of Police

31. Section 164 Criminal Procedure Code 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
(d) Examination of witnesses by police

32.How much punishment may be awarded to an accused who is found guilty under a summary trial :-                      (a) Not exceeding two years             (b) Not exceeding one years                  (c) Not exceeding six months,                    (d) Not exceeding three months

33. Whether an accused may be a competent witness in his own defence :-
(a) If he applies in writing on his own request.
(b) No                   (c) With the leave of Court of Session                   (d) With the leave of High Court

34.Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to:-
(a) Session Judge           (b) Chief Judicial Magistrate            (c) District Magistrate       (d) Concerned Police Station

35.In one trial A is awarded with the sentence which is not appealable whereas sentence against B is appealable, Whether A can file an appeal against his sentence :-
(a) No       (b) Only with special leave      (c) Yes (d) There is no such provision

36. Under the provisions of Section 125(4) Criminal Procedure code, who among the following cannot claim maintenance from her husband:-
(a) Wife herself earning money        (b) Wife living separately by mutual consent
(c) Woman, who has been divorced by her husband and has not remarried
(d) Woman, who has obtained divorce from her husband and has not remarried

37.When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction:-
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

38. What is effect of trial conducted in wrong place :-
(a) Vitiated itself             (b) Vitiated if caused failure of justice            (c) Seriousness has to be seen
(d) Is to be referred to High court

39.When will proceeding be vitiated if the Magistrate is not empowered to do so:-
(a) To issue a search warrant undre section 94 of Cr.P.C.
(b) To hold an inquest under section 176 of Cr.P.C.
(c) Tries an offender Summarily                                                                                                                                                       (d) To tender a pardon under section 306 of Cr.P.C.

40. Jurisdiction to grant bail under section 438 of criminal procedure code vests with:-
(a) Only High Court           (b) Only Sessions Court           (c) Magistrate        (d) High Court or Court of Sessions

41. A relevant confession will become irrelevant when :-
(a) Made to a police Officer      (b) Made under a promise of secrecy
(c) When the accused was drunk        (d) In consequence of a deception practised on the accused

42.Admissions are :-
(a) Conclusive proof      (b) May operate as estoppels       (c) Always irrelevant      (d) None of the above

43.A agrees, in writing to sell a horse to B for Rs. 1000 or Rs. 1500. To show which price was to be given:-
(a) Oral evidence can be given     (b) Antecedents of the parties are to be seen
(c) Oral evidence cannot be given      (d) None of the above

44.A is charged with travelling on a railway without a ticket. The burden of proving that A had a ticked is on :-
(a) Ticket Checker      (b) Railway      (c) A       (d) Prosecution

45.What is provision about an Accomplice :-
(a) He is not a competent witness       (b) His evidence is irrelevant
(c) His evidence should be believed blindly                                                                                                                                       (d) His evidence is neither illegal nor safe in view of S.114 and 13 3 of Evidence Act

46.What number of witnesses will be required for the proof of any fact :-
(a) No particular number       (b) At least one eye-witness
(c) Two witnesses with regard to documents      (d) One party and one witness

47.Leading question :-
(a) May be asked in examination in chief    (b) May be asked in cross examination
(c) May be asked in re-examination             (d) Cannot be asked in any circumstances

48.Which is not the main principle that underlines the law of evidence :-
(a) Evidence must be confined to the matter in issue      (b) Hearsay evidence must not be admitted
(c) Hearsay evidence must be admitted          (d) The best evidence must be given in all cases

49. A witness was asked whether he was not dismissed from a post for dishonesty. He denies it :-
(a) The evidence is admissible if it comes from plaintiff’s side
(b) The evidence is admissible if it comes defendant side
(c) The evidence is admissible (d) The evidence is inadmissible

50.When a party refuses to produce a document which he had notice to produce :-
(a) He cannot use the document as .evidence without the consent of opposite party or the order of the court              (b) Objection of opposite is worthless                   (c) Order of court not necessary
(d) Document will be deemed to be an admitted document.

51.Under section 34 of civil procedure code, Court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed…….. per annum.
(a) Nine percent            (b) Ten percent            (c) Six percent           (d) Twelve percent

52.Any amount which a court will order to be paid as compensatory costs in respect of false or vaxatious claims or defences, shall not exceed the amount of-
(a) Two thousand rupees or the amount within its pecuniary jurisdiction.
(b) Three thousand rupees or the amount within its pecuniary jurisdiction whichever is less.
(c) Four thousand rupees or the amount within its pecu-niaryjurisduction, whichever is less.
(d) Five thousand rupees or the amount within its pecuniary jurisduction, whichever is less.

53.During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party such question shall be determined by:-
(a) The court which passed the decree             (b) The court executing the decree
(c) The appellate court            (d) A separate suit

54.A judgment debtor is arrested in execution of a decree for the payment of money and the judgement-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer :-
(a) Shall send the judgment debtor to civil prison.        (b) Shall take judgment debtor to the court.
(c) Shall at once release him.                  (d) Shall release him after taking security from him.

55. Defendant in summary suit shall appear within ….days :–
(a) Thirty days           (b) Sixty days                (c) Ten days        (d) five days
56. A lets a house to B at a yearly rent of rupees five hundred. The rent for the whole of the years 1905,1906 and 1907 is due and unpaid, A sues B in 1908 only for the rent due for 1906 :-
(a) A can afterwards sue B for the rent due for 1905
(b) A can afterwards sue B for the rent due for 1907
(c) A can afterwards sue B for the rent due for 1905 and 1907 both
(d) A can not afterwards sue B for the rent due for 1905 or 1907.

57.’A’ proposes by letter to sell a house to ‘B’ at a certain price. The communication of proposal is complete when :-
(a) ‘A’ puts letter in letter box           (b) ‘ B’ receives the letter                (c) ‘ B’ puts reply in letter box                                 (d) ‘A’ receives reply of ‘B’

58.’A’ sells by auction to ‘B’ a horse which ‘A’ knows to be unsound. ‘A’ says nothing to ‘B’ about the horse’s un-soundness. A does :-
(a) Fraud           (b) Misrepresentation             (c) No fraud             (d) Undue influence

59.After the passing of a decree for payment of money on the application of the judgement debtor, court shall not order that payment of the amount of decree shall be made by instalments :-
(a) Without recording evidence of both parties        (b) Without obtaining affidavits from both parties
(c) Without obtaining the documents regading the financial condition of the judgement debtor
(d) Without the consent of decree-holder.
60. A who is citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted of murder-
(a) Only in Uganda           (b) Only in that country of which the deceased was a citizen
(c) In any one of the above              (d) In Delhi

61.Which of the following punishments cannot be awarded under the Indian Penal code?
(a) Forfeiture of property            (b) Imprisonment with hard labour
(c) Transportation for life             (d) Death

62. A condition in gift depends upon the will of the donor is:-                                                                                                         (a) Is void        (b) Is valid         (c) Is void as the existing property       (d) Is void as the future property

63.Where both parties are under mistake as to matter of fact, the agreement will be :-
(a) Enforceable           (b) Voidable             (c) Not void              (d) Void

64.Which of the following statements is not correct:-
(a) No fact of which the court will take notice need be proved        (b) Facts admitted need not be proved
(c) All facts and the contents of documents may be proved by oral evidence
(d) Oral evidence must be direct
65. A witness who is unable to speak, gives his evidence by writing in Open Court, Evidence so given shall be deemed to be :-
(a) Oral evidence      (b) Documentary evidence          (c) Primary evidence        (d) Secondary evidence

66.What will be effect of mistakes at to law in force in India on the agreement :-
(a) Not voidable          (b) Voidable               (c) Void            (d) Not Void
67.A Promises, for no consideration, to give to B Rs. 1000 This agreement is :-
(a) Voidable             (b) Void             (c) Enforceable               (d) Not enforceable not being in writing

68.Agreements, the meaning of which is not certain or capable of being made certain are:-
(a) Voidable      (b) Ilegal           (c) Void        (d) Enforceable

69.Where no application is made and no time is specified for performance of promise there the agreement be performed within :-
(a) Three years                 (b) Two years                (c) One years                      (d) Reasonable Time

70. A agrees with B to discover treasure by magic. This agreements is :-
(a) Void              (b) Voidable             (c) Enforceable               (d) Valid and enforceable in Bengal

71.In case of an alternative promise one branch of which is legal and the other illegal:-
(a) Both branches will be enforceable             (b) The legal branch alone can be enforced
(c) No branch is enforceable             (d) None of the above

72. A supplies B, a lunatic, with necessaries suitable to his condition in life. Whether A is entitled for reimbursement from the property of B:-
(a) No               (b) Yes, if the value of property is more than one lakh             (c) Yes            (d) None of the above

73.A saves B’s property from fire, Circumstances show that he intended to act gratuitously, Whether A is entitled for compensation from B:-
(a) Yes             (b) Not from B, but from Government            (c) Not from B, but from his heirs       (d) No

74. A the captain of B’s ship, signs of bill of lading without having received on board the goods mentioned therin, As between B and pretended consignor is concerned the bill of lading are :-
(a) Void          (b) Voidable             (c) Enforceable              (d) None of the above

75. Dishonestly dealt under ……IPC  :-                                                                                                                                                  (a) S.24 IPC           b) S.23 IPC            c) S.25 IPC               d) S.26 IPC

76. Fasli year begins :-                                                                                                                                                                                (a) 1st January          (b) 1st June         (c) 1st July          (d) None

77. Property can be transferred:-
a) Orally         b) Document             c) Orally unless requires to be writing            d) Choice of parties

78. The Liability of surety arises:
a) Failure of debtor        b) co-extensive of debtor         c) No liability        d) none

79. In Examination – in – chief Leading questions can be asked provided they are :-
(a) Duly proved      (b) Introductory      (c) Undisputed     (d) All the above
80.On transfer for his benefit an unborn person acquires vested interest :-
(a) Upon his birth         (b) After one week of his birth          (c) After twelve days of his birth                                            (d) There is no such provision in law

81.Rule of lis pendents is applicable to suits for specific performance of contracts to transfer the immovable property. This statements is :-
(a) False            (b) True          (c) Partly true             (d) Depends on the facts of each case

82.In case of a gift if the donee must accept the gift: –
(a) During the life time of the donor         (b) He is competent to contract
(c) He must be have transferrable right over the property         (d) All the above

83.Transfer of property Act has no relation with:-
(a) Air            (b) Water        (c) Light             (d) All of these

84. Fraudulent transfer is :-
(a) Void              (b) illegal            (c) Immoral               (d) Voidable

85. Sale is a transfer of ownership in exchange for a price:-
(a) paid      (b) promised            (c) part paid and part promised         (d) all of the above

86. Under Indian Evidence Act, a document required by law to be attested can be proved by calling :-
(a) Both the attesting witnesses         (b) At least one of the attesting witness
(c) Any other person          (d) A legal heir of the attesting witness

87.Which is not the immoveable property:-                                                                                                                                  (a) A lease of land             (b) Growing crops           (c) A right of way                                                                                          (d) A life interest in the income of immoveable property

88.What kind of property is transferable :-

(a) Right to re-entry         (b) Public Office         (c) Any kind of property if not prohibited by law            (d) Pension

89.What kind of transfer may be made orally :-
(a) Gift of immoveable property             (b) Transfer of actionable claim
(c) Sale of immoveable property of value upward Rs. 100              (d) Surrender of lease

90.Whether a transfer can be made in favour of an unborn person:-
(a) Yes, by machinery of trust                (b) yes                (c) Guardian has got to be appointed first
(d) None of the above

91.When does an unborn person acquire vested interest on transfer :-
(a) As soon as he is born         (b) On attaining majority        (c) On attanining 21 years     (d) After marriage, if female

92.A lets to B a farm on the condition that B shall walk 100 miles in an hour, Lease is :-
(a) Voidable         (b) Void                   (c) Valid                 (d) Enforceable

93.A has let his house at a rent of Rs. 100 payable on the last date of each month. A sells house to B on the 15th June. On 30th June what will be apportionment :-
(a) A will get Rs. 100            (b) B will get Rs. 100               (c) Rs.50 to A & Rs.50 to B
(d) The tenant will be exempted from payment of rent of that month

94.Which is not the ingredient of section 53(A) of T.P.Act :-
(a) Agreement for transfer        (b) Consideration         (c) Transferee has performed his part
(d) Moveable property

95.Whether simple mortgage must always be registered:-
(a) Yes            (b) If value of property is more than Rs. 100
(c) Registration not necessary               (d) None of the above

96. Private alienation of attached property is                                                                                                                                (a) Void                  (b) Valid                   (c) Voidable                (d) Discretion of the court

97.In absence of contract or local law or usage to the contrary a lease of immoveable property shall be deemed to be….. in case of agriculture leases:-
(a) Month to month               (b) Bimonthly               (c) Year to Year             (d) Biannual

98.A gives a lakh of rupees to B, reserving to himself, with B’s assent the right to take back Rs. 10,000 at pleasure out of that amount This gift is :-
(a) Absolutely Valid            (b) Absolutely Invalid
(c) This cannot be said to a gift                  (d) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000

99.In criminal proceeding the fact that the accused is of good character is :-
(a) Relevant               (b) Irrelevant                (c) Unrebuttable                 (d) None of these

100.What is the prescribed age to testify facts before court?                                                                                                      (a) 18 years              (b) No age is prescribed               (c) Seven years        (d) twenty one

Dear Students,

It is known to all that for the first time High court of Hyderabad included A.P.Land Encroachment Act in Jr.Civil Judge Exam syllabus. As such, there have been repeated requests from students to give rough idea about this Act. The same is hereunder along with bare act. 

A.P. LAND ENCROACHMENT ACT, 1905:

The object of this Act is to provide measures for checking unauthorised occupation of Government lands and to protect the government property. This is done by the imposition of penal assessment or by subjecting unauthorised occupants to summary eviction.

The Act extends to the entire State of Andhra Pradesh including Schedule Areas.

This Act consists of fourteen sections. They are as follows:

     1)  Short title and extent

        1-A. Definitions:-   a) Collector       b) Deputy Tahsildar      c) Tahsildar

     2)  Right of Property in public roads, etc, waters and lands.

     3)  Levy of assessment on lands unauthorizedly occupied.

    4)  Conclusiveness of decision as to amount of assessment.

    5)  Liability of person unauthorized!y occupying land to penalty after notice.

    6)  Liability of person unauthorizedly occupying land to summary eviction, forfeiture of crops, etc.

    7)  Prior notice to person in occupation.

     7-A. Encroachment by group of persons on Government lands and their eviction.

  8)  Power to make rules.

  9)  Recovery of assessment or penalty levied as arrears of land revenue.

  10)  Appeal.

  11)  Limitation of appeal.

  12)  Document accompanying petition of appeal.

      12-A.  Power of Government to call for records and pass orders.

   13)  Saving of operation of other laws in force.

   14)  Bar of jurisdiction of Civil Courts.

What are the properties for which this law is applicable? What is government property?

 Ans: Government properties only. The term government property means all public roads, streets, lanes and paths, bridges, ditches, dykes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks and all canals and water courses and all standing and flowing water and all lands situated are the property of the Government including Railway lands and land in Port limits. (Section 2(1)).All public roads and streets vested in any local authority shall be deemed to be the property of the Government. (Section 2(2))

What are the coercive tools available under the Act against unauthorized occupations?

Ans:  They are:       1) The imposition of assessment and penalty.

   2) summarily evicting the person in occupation.

What is the mode of recovery?

Ans: It may be recovered as arrears of land revenue under A.P.Revenue Recovery Act, 1864. (Section 9 of the Act)

What is the mode of assessment in respect of unauthorized occupations?

Ans: This is done by the Tahsildar. He levies assessment basing on two considerations. They are:

1) Village or town       2) Assessed or unassessed land.

What is the method of evicting unauthorised occupant?

Ans: He can be summarily evicted. Before taking proceedings under Section 5 or 6, service of Notice is a mandatory and it should contain specification of the land so occupied and calling on him to show cause before certain date why he should not be proceeded against him under Section 5 or 6. If such Notice is not obeyed, the eviction to be carried out after hearing objections if any filed. If he resists or obstructs the Tahsildar, may issue Warrant for the arrest of the said person for such a period not exceeding 30 days in order to prevent the continuance of such obstruction or resistance or may send him with a Warrant in form of schedule for imprisonment in the Civil Jail of the District for the like period. (Section 6 & 7of the Act). Authorities constituted under the Act cannot take eviction proceedings against person in unlawful and illegal encroachments of Government lands without following the procedure laid down under Section 6 & 7 of the Act. (K.R.Zilla Parishad High School Committee, Katur Vs. The State ofA.P., 1976(1) An WR 86).

Write a note about S.7-A of the Act?

Ans: Section 7- A of LE Act was introduced by means of an amendment in 1980. When a group of persons without entitlement and with a common objection of occupying and Government land occupy and do not vacate on demand by the Collector shall order without notice and immediate vacation of the encroachers and for taking possession of the land. Thereupon, the encroachers should be evicted from the land by force, taking such police assistance as may be necessary and take possession of the land. An order U/s 7-A of the Act for eviction so passed by the Collector shall be final and shall not be questioned in any Court. If any dispute arises as to whether any land is the property of the Government, such land shall be presumed to be the property of the Government until the contrary is proved.

 Is there any appellate forum against the order of Tahsildar?

Ans: yes, Appeal lies to the RDO against the orders of Tahsildar, to the District Collector against the orders of RDO and to the CCLA against the orders of District Collector otherwise than an Appeal. No Appeal shall be brought after the expiration of 60 days from the date of receipt of the copy of order. The District Collector and the CCLA have got revisional powers. (Sections 10, 11 & 12 of the Act). he Government have power to call for records and pass necessary orders. [Section 12(A)] .

What is the punishment provide for re-enter by unauthorisdely occupied person?

Ans: Any person who unauthorisedly re-enters and occupies land from which he was evicted, shall be punishable with imprisonment upto 6 months or with fine upto Rs.1000/- or with both. (Section 6 (3) of the Act)

Whether civil court has Jurisdiction?

Ans:  This Act provides Conclusiveness of decision as to amount of assessment payable under Section 3 shall not be questioned in any Civil Court. (Section 4 of the Act). Further,   no decision made or order passed under this Act except proceeding effecting the title to the land of a person shall be called in question before Civil Court. (Section 14 of the Act)

THE ANDHRA PRADESH LAND ENCROACHMENT ACT, 1905   (Act No. III of 1905):

       1) Short title and extent:

This Act may be cited as the Andhra Pradesh Land Encroachment Act, 1935. It extends to the whole of the State of Andhra Pradesh.

          1-A. Definitions:

In this Act, unless the context otherwise requires,

• “Collector” means any officer incharge of a revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector.
• “Deputy Tahsildar” means the Deputy Tahsildar in independent charge of a Taluk or Sub-Taluk, the dependent Deputy Tahsildar of a Sub-Taluk, or the Headquarters Deputy Tahsildar, in whose jurisdiction the land is situated and includes a Special Deputy Tahsildar.]
• “Tahsildar” means the Tahsildar in whose jurisdiction the land is situate and includes Special Tahsildar.

     2) Right of Property in public roads, etc, waters and lands:

(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nallas, lakes and tanks, and all canals and water-courses, and all standing and flowing water, and all lands, wherever situated, save in so far as the same are the property

a) of any Zamindar, poligar, mittadar, jagirdars, shrortriemdar or any person claiming through or holding under any of them, or

b) of any, person paying shist, Kattubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or

c) of any person holding under ryotwari tenure, or in any way subject to the payment of land-revenue direct to Government, or

d) of any other registered holder of land in proprietary right, or.

e) of any other person holding land under grant from the Government otherwise than by way of licence and, as to ands, save also in so far as they are temple sites or owned as housesite or backyard, are and are hereby declared to be the property of Government except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land owners, and to all customary rights legally subsisting.

 (2) All public roads and streets vested in any local authority shall, for the purposes of this Act, be deemed to be the property of Government.

Explanation: In this section “high water mark” means the highest point reached by ordinary spring tides at any session of the year. Government, as the owner of the public streets and appurtenances there to, can vest them in any Municipality and withdraw the control from them. Government is a necessary party in suits of declaration of such sites.

   3)  Levy of assessment on lands unauthorizedly occupied:

       (1) Any person who shall unauthorizedly occupy any land which is the property of Government shall be liable to pay by way of assessment.

i)if the land so occupied forms an assessed survey number or part thereof, the full assessment of such number for the whole period of his occupation or a part thereof proportionate to the area occupied, as the case maybe, provided that, for special reasons, the Collector or subject to his control, the Tahsildar may impose the full assessment of such number or any lesser sum irrespective of the area occupied.

(i) if the land so occupied be unassessed, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar quality in the neighbourhood, or at the highest dry or wet rate of the village, as the case may be, or when no such rates exist in such manner as maybe prescribed in rules or orders under Section 8: Provided that payment of assessment under this sub-section shall not confer any right of occupancy.

Explanation: For the purposes of this sub-section occupation for an incomplete portion of a fasli may be deemed to be occupation for a whole fasli.

    (2) In the case of any class of land which is ordinarily granted on lease or licence, the Government may levy, in addition to the assessment imposed under sub-section (1), a further sum equivalent to the annual rent or fee which would normally be realisable thereon.

    4) Conclusiveness of decision as to amount of assessment: The decision as to the rate or amount of assessment, rent or fee, payable under Section 3 shall be recorded in writing and shall not be questioned in any civil court.

     5) Liability of person unauthorized!y occupying land to penalty after notice: Any person liable to pay assessment under Section 3 shall also be liable at the discretion of the Collector or subject to his control, the Tahsildar or Deputy Tahsildar to pay in addition by way of penalty.

 (i)  if the land be an assessed land, a sum not exceeding five rupees or, when ten times the assessment payable for one year under Section 3 exceeds five rupees, a sum not exceeding ten times such assessment, provided that no penalty shall ordinarily be imposed in respect of the unauthorized occupation of such land for any period not exceeding one year; (ii) if the land been assessed, a sum not exceeding ten rupees, or when twenty times the assessment payable for one year under

Section 3 exceeds ten rupees, a sum not exceeding twenty times such assessment.

     6) Liability of person unauthorizedly occupying land to summary eviction, forfeiture of crops, etc.:

      (1) Any person unauthorizedly occupying any land for which he is liable to pay assessment under Section 3 may be summarily evicted by the Collector, Tahsildar or Deputy Tahsildar, and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector, Tahsildar or Deputy

Tashildar may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the Collector, Tahsildar or Deputy Tahsildar and any property so forfeited shall be disposed of as the Collector, Tahsildar or Deputy Tahsildar may direct.

   (2) Mode of eviction: An eviction under this section shall be made in the following manner, namely: By serving a notice in the manner provided in Section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector, Tahsildar or Deputy Tahsildar may deem reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction shall continue, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar or Deputy Tahsildar for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district for the like period: Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under Sections 183, 186or 188 of the Indian Penal Code in respect of the same facts.

  (3) Any person who unauthorized by re-enters and occupies any land from which he was evicted under this section, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.”

    7) Prior notice to person in occupation: Before taking proceedings under Section 5 or Section 6 the Collector or Tahsildar, or Deputy Tahsildar, as the case may be, shall cause to be served on the person reputed to be in unauthorised occupation of land being the property of Government, a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under Section 5 or Section 6. Such notice shall be served in the manner prescribed in Section 25 the Andhra Pradesh Revenue Recovery Act, 1864, (Act II of 1864) or in such other manner as the State Government by rules or order under Section 8 may direct.

      7-A. Encroachment by group of persons on Government lands and their eviction:

       (1) Where the District Collector knows or has reason to believe that a group or groups of persons without any entitlement and with the common object of occupying any land, which is the property of the Government, are occupying or have occupied any such land, and if such group or groups of persons have not vacated the land on demand by the District Collector or any officer authorised by him in this behalf, the District Collector shall, notwithstanding anything in this Act, order without any notice, the immediate eviction of the encroacher from the land and the taking of possession of the land; and there upon it shall be lawful for any officer authorised by the District Collector in this behalf to evict the encroachers from the land by force, taking such police assistance as maybe necessary, and take possession of the land:

(2) Where, in any proceedings taken und r this section, or in consequence of anything done under this section, a question arises as to whether any land is the property of the Government, such land shall be presumed to be the property of the Government until the contrary is proved. Notwithstanding anything in this Act, but subject to the provisions of Section 12- A, any order of eviction passed by the District Collector under sub-section (1) shall be final and shall not be questioned in any Court.

    8) Power to make rules: The State Government may make rules or orders either generally or in any particular instance

a) regulating the rates of assessment, rent or fee leviable under Section 3:

b) regulating the imposition of penalties under Section 5:

c) declaring that any particular land or class of lands which are the property of Government shall not be open to occupation:

 d) regulating the service of notices under this Act. Such general rules or orders shall be made only after previous publication.

     9) Recovery of assessment or penalty levied as arrears of land revenue: The amount of assessment, rent, fee and penalty imposed under this Act on any person unauthorizedly occupying any land shall be deemed to be land revenue and may be recovered from him as arrears of land revenue under the provisions of the A.P Revenue Recovery Act, 1864.

     10) Appeal:  An appeal shall lie

 (a) to the Collector from any decision or order passed by a Tahsildar or Deputy Tahsildar under this Act.

     (b) to the District Collector from any decision or order of a Collector passed otherwise than ⁵ on appeal.

(c) to the Board of Revenue from any decision or order of a District Collector passed otherwise than on appeal.

There shall be no appeal against a decision or order passed by the Collector or the District Collector on appeal, but the District Collector may revise any decision or order passed by a Deputy Tahsildar or Collector under this Act and the Board of Revenue may revise any decision or order passed by any officer under this Act.

Pending the disposal of any appeal or petition for revision under this Act, the District Collector or the Board of Revenue as the case may be, may suspend the execution of the order appealed against or sought to be revised.

     11) Limitation of appeal I No appeal shall be brought after the expiration of sixty days from the date of decision or order complained of provided that in computing the period of sixty days, the time required to obtain a copy of the decision or order appealed against shall be excluded, but the appeal may be admitted after the period hereby prescribed when the appellant satisfies the authority to whom he appeals that he had sufficient cause for not preferring the appeal within the prescribed period.

    12) Document accompanying petition of appeal: Every petition of appeal under this Act shall be accompanied by the decision or order appealed against or by an authenticated copy of the same.

    12-A. Power of Government to call for records and pass orders:

      (1) The State Government may, in their discretion, at any time, either suo motu or an application made to them, call for and examine, the records relating to any decision or order passed or proceeding taken by any authority or officer subordinate to them under this Act for the purpose of satisfying themselves as to the legality or propriety of such decision or order, as to the regularity of such proceeding and pass such proceeding and pass such order in reference thereto as they think fit.

     (2) The State Government may stay the execution of any such decision, order or proceeding pending the exercise of their powers under sub-section (1) in respect thereof [Inserted by Section 10 of the A. P. Land Encroachment (Extn. and Admt.) Act, 1958 {A.P. Act XXV of 1958).

     13) Saving of operation of other laws in force: Nothing in this Act contained shall be construed as exempting any person unauthorisedly occupying land from libility to be proceeded against under any law for the time being in force : Provided that if any penalty has been levied from any person under Section 5 of this Act, no similar penalty shall be levied from him under any other law in respect of such occupation.

     14) Bar of jurisdiction of Civil Courts: No decision made or order passed or proceeding taken by any officer or authority or the State Government under this Act, not being a decision, order or proceeding affecting the title to the land of a person, shall be called in question before a civil court in any suit, application or other proceeding and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by such officer or authority or State Government in pursuance of any power conferred by or under this Act.