General, General Test, Online Test MOCK TEST 22 JUDICIAL SERVICE EXAM 2021 4 All The Best Thank you for visit ! share with friends. JUDICIAL SERVICE EXAM MOCK TEST 22 1 / 25 25. In the execution of a decree for the maintenance, salary of a person can be attached to the extent of 1. A. 1/4th 2. B. 2/3rd 3. C. 1/3rd 4. D. 1/2th 2 / 25 24. Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be decided according to 1. A. Section 17, CPC 2. B. Section 18, CPC 3. C. Section 19,CPC 4. D. Section 20, CPC 3 / 25 23. A defendant can pray to the court for rejection of a plaint 1. A. if the stamp writing is not clear 2. B. if it is barred by another enactment of the Parliament 3. C. if the plaint is made in a foreign language 4. D. None of the above 4 / 25 22. 'Pleading' can be altered or amended 1. A. under Order VI, Rule 9, CPC 2. B. under Order VI, Rule 10, CPC 3. C. under Order VI, Rule 16, CPC 4. D. under Order VI, Rule 17, CPC 5 / 25 21. Section 20 of CPC does not apply to 1. A. arbitration proceedings 2. B. civil proceedings 3. C. Both (A) & (B) 4. D. Neither (A) nor (B) 6 / 25 20. In the case of publc nulsance, a suit for declaration and Injunction may be instituted by 1. A. two persons with the leave of the court 2. B. two persons having obtained oral consent of the Advocate General 3. C. two persons having obtained the written consent of the Advocate General and with the leave of the court 4. D. two persons to whom no special damage has been caused by persons of such public nuisance 7 / 25 19. Inherent powers of the Civil Court are exercised 1. A. to make such orders as may be necessary for the ends of justice 2. B. to make such orders as may benecessary to prevent abuse of the process of the court 3. C. Both (A) & (B) 4. D. None of the above 8 / 25 18. The difference between Section 34 and Section 149 of Indian Penal Code is 1. A. that in Section 34, there must be at least five persons, whereas Section 149 requires only two persons 2. B. that Section 149 is only a 'rule of evidence', whereas Section 34 creates a specific offence and provides for its punishment 3. C. that Section 34 requires active participation in action, whereas Section 149 requires mere passive membership of the unlawful assembly 4. D. that section 34 need not be joined with the principal offence ,where as section 149 must be combined with the principal offence 9 / 25 17. A Judge in India 1. A. is not empowered to put questions on his own to the witnesses or to the parties 2. B. is empowered to put questions on his own to the witnesses or to the parties according to his sweet will „ 3. C. ís empowered to put questions on his own to the witnesses or to the parties in order to discover or to obtain proper proof of relevant facts 4. D. is not empowered to put questions on his own to the witnesses or to the parties as india follows common law doctrines 10 / 25 16. Examination-in-chief means 1. A. examination of a witness by adverse party 2. B. examination of a witness by Chief Judicial Magistrate 3. C. examination of a witness by Chief Superintendent of Police 4. D. examination of a witness by the party who calls him 11 / 25 15. An accomplice 1. A. is not a competent witness against an accused person 2. B. is a competent witness against accused person 3. C. must be corroborated in that case 4. D. must be prosecuted 12 / 25 14. Sult for recovery of money in promissory notes can be filed 1. A. under normal procedure 2. B. under summary procedure as laid down in Order 37 , CPC 3. C. in the High Court 4. D. as a writ petition 13 / 25 13. Interveners are 1. A. entitled to be impleaded 2. B. not entitled to be impleaded 3. C. a waste of time for the court 4. D. a burden for the plaintiff 14 / 25 12. On the reversal of decree , which section imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other party for that he has lost ? 1. A. Section 141 , CPC 2. B. Section 142 , CPC 3. C. Section 143 , CPC 4. D. Section 144 , CPC 15 / 25 11. A , a bank officer , got compulsorily retired in 2014. Since the bank authorities did not release the leave encashment in his favour , he filed writ petition WP 2001 ( W ) of 2017 in Ranchi High Court for the same and also for the interest on the unpaid amount . The writ petition was disposed of by a learned Single Judge in December 2018 directing the bank benefits to the petitioner to the extent he was to release the privileged leave encashment entitled to in accordance with law within a certain period .The prayer for interest was not specifically denied by the court . The bank filed an appeal against the order . The Division Bench of Ranchi High Court in February , 2019 declined to admit the appeal . The bank authorities released the leave encashment in favour of the petitioner . However , A files a writ petition again for a direction to the bank per annum on leave encashment released to disburse interest to A at the rate of 18 % by the bank . This petition is covered under which of the following ? 1. A. Section II , CPC 2. B. Secton II , Expl.5 , CPC 3. C. Section II , Expl . 4 , CPC 4. D. Order 2 , Rule 2 , CPC 16 / 25 10. A foreign judgement 1. A. can never be conclusive 2. B. can be conclusive as to any matter indirectly adjudicated upon between the same parties 3. C. can be conclusive as to any matter directly adjudicated upon between the same parties if it has not been pronounced by a court of competent jurisdiction 4. D. can be conclusive as to any matter directly adjudicated upon between the same parties if it has been pronounced by a court of competent jurisdiction 17 / 25 9. A deposits a box of gold coins with B as his agent . He then writes to C for the purpose of making the gold coins a security for a debt due from himself to C.A afterwards alleges that C's debt is satisfied and C alleges the contrary . Both claim the gold coins from B.B may institute an interpleader suit against 1. A. A 2. B. C 3. C. None 4. D. A and C 18 / 25 8. Madhukant Pathak v . The State of Jharkhand through Vigilance ( ACB ) was decided by Jharkhand High Court In July 2017 and it pertains to 1. A. voidable contract 2. B. tender 3. C. void contract 4. D. illegal contract 19 / 25 7. Match List - I with List - ll and select the correct answer using the codes given below the lists : List I ( a ) Carlill v . Carbolic Smoke Ball Co. ( b ) Fisher v . Bell 90 . ( c ) Tinn v . Hoffman & Co. ( d ) Harvey v . Facey List II ( 1 ) Offers at large ( 2 ) Invitation to treat ( 3 ) Quotation of price ( 4 ) Cross offers Codes : ( a ) ( b ) ( c ) ( d ) 1. A. ( 1 ) ( 2 ) ( 4 ) ( 3 ) 2. B. ( 1 ) ( 2 ) ( 3 ) ( 4 ) 3. C. ( 2 ) ( 1 ) ( 4 ) ( 3 ) 4. D. ( 4 ) ( 3 ) (2) ( ( 1 ) 20 / 25 6. Where there is a breach of contract , special damages are awarded 1. A. in all cases 2. B. only when there are special circumstances 3. C. only when there is a special loss 4. D. only when there is a notice of the likely special loss 21 / 25 5. Liquidated damage is essentially a 1. A. payment of money stipulated as a warning to the offending party 2. B. payment of compensation determined by the court 3. C. compensation arbitrarily determined by the aggrieved party 4. D. genuine covenanted pre - estimate of damage 22 / 25 4. A pays Rs . 10,000 to B for manufacturing a machine . When it is partly manufactured , the contract is discharged by frustration . What is the remedy available to parties ? 1. A. A can recover Rs . 10,000 from B 2. B. A need not pay any futher amount to B 3. C. B can retain Rs . 10,000 4. D. B is entitled only to expenses incurred before the time of discharge 23 / 25 3. A , who is B's ' mukhtar ' , promises to exercise his influence , as such , with B in favour of C , and C promises to pay Rs . 20,000 to A. The agreement is 1. A. voidable because it is immoral 2. B. void because it is immoral 3. C. opposed to public policy 4. D. void because consideration is unlawful 24 / 25 2. A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitations . This contract is 1. A. void 2. B. voidable 3. C. illegal 4. D. opposed to public policy 25 / 25 1. A agrees to pay B a sum of Rs . 5,000 if two straight lines should enclose a space . The agreement is 1. A. void 2. B. voidable 3. C. valid 4. D. unethical Your score is The average score is 37% Restart quiz
