1. Writ of Certiorari can be issued against—
Options:
(A) Judicial and Quasi-Judicial bodies
(B) Quasi Judicial and Administrative bodies
(C) Administrative Bodies only
(D) None of the above
Ans. – (A)
Explanation:
A writ of certiorari can be issued against judicial, quasi-judicial, and administrative authorities that affect the rights of individuals. The writ can be issued to correct errors of jurisdiction, such as when a lower court acts without jurisdiction, in excess of its jurisdiction, or fails to exercise its jurisdiction. A writ of certiorari can also be issued when principles of natural justice are violated or there is a prima facie error of law in the judgment.
2. Supreme Court of India held that it is permanent obligation of every member of medical profession either government or private to give medical aid to every injured person brought for treatment immediately without waiting for procedural formalities in the case of—
Options:
(A) Common Cause v. Union of India, (1996) 1 SC 753
(B) Peoples Union of India, AIR 1983 (SC) 339
(C) Parmanand Katara v. Union of India, AIR 1989 (SC) 2039
(D) Lakshmi Kant Pandey v. Union of India, (1984) 25 SC 244
Ans. – (C)
Explanation:
Parmanand Katara vs Union of India & Ors significantly expanded the scope and jurisprudence of emergency medical care in India.
3. The Supreme Court of India has issued the direction to make the CBI independent agency so that it can function more effectively and investigate crimes and corruptions at high places in public life in the Case of—
Options:
(A) Union of India v. Association for democratic reforms, AIR 2002 (SC) 2112
(B) Bangalore Medical Trust v. B.S. Muddappa (1991) 45 SC 54
(C) Vincent Panikurlangra v. Union of India, (1987) 2 SC 165
(D) Vineet Narain v. Union of India, AIR 1998 (SC) 889
Ans. – (D)
Explanation:
In this case, the Supreme Court dealt with the issues of autonomy of Central Bureau of Investigation and other special investigating agencies like CVC.
4. For the first time in India Income Tax was introduced by Sir James Wilson in the year:
Options:
(A) 1886
(B) 1868
(C) 1860
(D) None of the above
Ans. – (C)
Explanation:
James Wilson, the first Finance Minister of the British Indian Government introduced the tax system in India. In 1860, income-tax was introduced by James Wilson in India.
5. In which case Justice J.C. Shah of Supreme Court observed “Since by the exercise of the power a serious invasion is made upon the rights, privacy and freedom of the taxpayer, the power must be exercised strictly in accordance with law and only for the purpose for which law authorises it to be exercised”.
Options:
(A) Director of Inspection v. Pooranmal
(B) ITO v. Seth Brothers
(C) P.R. Metrani v. CIT
(D) None of the above-
Ans. – (B)
Explanation:
Refer case ITO v. M/s Seth Brothers 1970 (SR) (1) 601:1970 AIR 292.
6. Which of the following statements are true? (i) Minor’s contract can be ratified on attaining majority. (ii) Minor’s contract cannot be ratified on attaining majority. (iii) Minor’s contract can be ratified jointly by both the parties to the contract. (iv) Minor is not liable under minor’s contract.
Options:
(A) (i) and (iii)
(B) (ii) and (iv)
(C) (i) and (ii)
(D) (ii) and (iii)
Ans. – (B)
Explanation:
The Indian Contract Act simply states that a person who is of the age of majority is competent to contract, and thus, a minor is not competent to contract. In Mohori Bibee v. Dharmodas Ghose, Privy Council made it clear that the contract or agreement done with minor is void.
7. Which one of the following sections of Cr.P.C. deals with irregularities which vitiate proceeding?
Options:
(A) Section 460
(B) Section 461
(C) Section 462
(D) Section 468
Ans. – (B)
Explanation:
Section 461 of the Code of Criminal Procedure, 1973 deals with irregularities which vitiate proceeding.
8. Which of the following is not an essential element of a decree:
Options:
(A) Conclusive determination of the rights of the parties.
(B) Formal expression of adjudication.
(C) An adjudication from which an appeal lies as an appeal from an order.
(D) The adjudication must have been given in a suit before the court.
Ans. – (C)
Explanation:
A decree is a court’s decision that must meet certain essential elements to be valid: Adjudication (the court must make a judicial determination of the matter in dispute), Suit (the decree must be the result of a civil suit, not a non-contentious proceeding), Determination of rights (the decree must settle the parties’ substantive rights, not just their procedural rights), and Conclusive determination (the decision must be final and not subject to further adjudication, though it may be subject to appeal).
9. Which of the following is an infringement of a Registered Trade mark:
Options:
(A) Use of a mark identical to the Trade mark in relation to goods without authorisation.
(B) Advertising of that Trade mark such that the advertisement is against the reputation of the Trade Mark.
(C) Use of that Trade Mark as a business name without authorisation.
(D) All of the above.
Ans. – (D)
Explanation:
Section 29 of the Trade Marks Act, 1999 governs trademark infringement in India. It states that a registered trademark is infringed when someone uses a mark that is identical or deceptively similar to the registered trademark in the course of trade. This is true if the mark is used by someone who is not the registered proprietor or is not using the mark by way of permitted use.
10. A person undergoing life imprisonment, if attempts to commit murder and hurt is caused thereby, he may be punished with:
Options:
(A) Life Imprisonment
(B) Death
(C) Imprisonment
(D) All of the above
Ans. – (B)
Explanation:
The provision relating to Attempt by life-convicts is dealt under Section 307 of Indian Penal Code, 1860. It states that when any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
11. Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife can seek Dissolution of marriage if the husband fails to perform marital obligation for:
Options:
(A) 2 years
(B) 3 years
(C) 4 years
(D) 5 years
Ans. – (B)
Explanation:
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife can seek a divorce if her husband fails to perform his marital obligations for three years without a reasonable cause.
12. The Concept of ‘Curative’ Petition was introduced by the Supreme Court of India in the case of
Options:
(A) Rupa Ashok Hura v. Ashok Hura, AIR 2002 (SC) 1771
(B) M.C. Mehta v. Union of India, AIR 1987 (SC) 1087
(C) Krishna Swami v. Union of India, (1992) 45 CC 605
(D) Sheela Barse v. Union of India, (1986) 35 CC 5962
Ans. – (A)
Explanation:
The concept of curative petition was first evolved by the Supreme Court in the matter of Rupa Ashok Hura v. Ashok Hura and Anr., AIR 2002 (SC) 1771, where the question was whether an aggrieved party is entitled to any relief against the final judgement/order of the Supreme Court after the dismissal of a review petition.
13. Right to Free Legal Aid was recognised as a Fundamental Right under Art. 21 of Indian Constitution in the case of-
Options:
(A) Hussaainara Khatoon v. State of Bihar, AIR 1979 (SC) 1360
(B) M.H. Hoskot v. State of Maharashtra, AIR 1978 (SC) 1548
(C) Madhu Mehta v. Union of India, (1989) 4 SC 1548
(D) Rudal Shah v. State of Bihar, (1983) 45 SC 14
Ans. – (B)
Explanation:
The right to free legal aid was recognized as a fundamental right under Article 21 of the Indian Constitution in the case of Hussainara Khatoon v. State of Bihar. The Supreme Court of India ruled in this landmark case that free legal aid is an essential part of a ‘reasonable, fair, and just’ procedure. The court also noted that the right to free legal aid is implicit in Article 21, which guarantees the right to life and personal liberty.
14. One of the following statements is not true, which one is that:
Options:
(A) A confession by one co-accused implicating other co-accused would be proved.
(B) A confession to a police-officer cannot be proved.
(C) A confession by a person in the custody of a police officer to any person in the presence of magistrate can be proved.
(D) If the confession of a person leads to recovery of a thing it can be proved.
Ans. – (A)
Explanation:
Confession to a police officer cannot be proved in court because of section 25 of the Indian Evidence Act. This rule is in place to protect accused people from potential coercion, duress, or abuse by law enforcement.
15. The Kashmira Singh v. State of MP is a leading case on:
Options:
(A) Dying declaration
(B) Admission
(C) Confession to police officer
(D) Confession of a co-accused
Ans. – (D)
Explanation:
The Supreme Court in Kashmira Singh v. State of MP, AIR 1952 (SC) 159 observed that the confession of an accused against the co-accused is not evidence in the ordinary sense of the term.
16. The authentication to be affected by the use of asymmetric crypto system and hash function is known as:
Options:
(A) Public key
(B) Private key
(C) Digital Signature
(D) Electronic Governance
Ans. – (C)
Explanation:
A digital signature is an electronic, encrypted stamp of authentication that confirms the origin and integrity of digital information. It is a type of e-signature that’s backed by a digital certificate.
17. Punishment for Cyber Terrorism under Section 66F shall be punishable:
Options:
(A) With imprisonment which may extend to three years or with fine not exceeding two lakh rupees or with both.
(B) With imprisonment for a term which may extend to seven years and shall also be liable to fine.
(C) With imprisonment which may extend to imprisonment for life.
(D) With imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Ans. – (C)
Explanation:
As per Section 66F(2) of the Information Technology Act, 2000. Section 66F(2): Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.
18. Section 2(j) of the Industrial Disputes Act, 1947 defines “Industry” means any (i) Business trade, undertaking (ii) Manufacture or calling of employers (iii) Included any calling, service, employment, handicraft (iv) Industrial occupation of workmen
Options:
(A) (i) and (ii)
(B) (i), (ii) and (iii)
(C) (iii) and (iv)
(D) All of the above
Ans. – (D)
Explanation:
Section 2(j) of the Industrial Disputes Act, 1947 defines ‘Industry’ as any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen.
19. ‘A’ places men with firearms at the outlets of a building and tells ‘Z’ that they will fire at ‘Z’ if ‘Z’ attempts to leave the building. ‘A’ is:
Options:
(A) Wrongfully restrains Z
(B) Wrongfully confines Z
(C) Both (A) & (B)
(D) None of the above
Ans. – (B)
Explanation:
This question is the illustration (B) of Section 340, IPC which deals with the Wrongful Confinement. According to this Section, Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said ‘wrongfully to confine’ that person.
20. ‘A’ incites a dog to spring upon ‘Z’ without Z’s consent. If ‘A’ intends to cause injury, fear or annoyance to ‘Z’:
Options:
(A) ‘A’ uses force to ‘Z’
(B) ‘A’ assaulted ‘Z’
(C) ‘A’ uses criminal force to ‘Z’
(D) None of the above
Ans. – (C)
Explanation:
Section 350(A) of the Indian Penal Code, 1860 covers criminal force. It states that if someone intentionally uses force against another person without their consent, and intends or knows it to be likely that the force will cause injury, fear, or annoyance, then the person who used the force has used criminal force.
21. ‘A’ causes cattle to enter upon the field belonging to ‘Z’, intending to cause and knowing that he is likely to cause damage to ‘Z’s’ crop. ‘A’ has committed:
Options:
(A) Mischief
(B) Criminal trespassing
(C) Criminal breach of trust
(D) Extortion
Ans. – (A)
Explanation:
Mischief under the Indian Penal Code (IPC) is defined as the intentional or knowing destruction of property, or a change to property that decreases its value or utility. The IPC sections related to mischief are 425, 426, and 427.
22. Which of the following provisions of the Advocates Act, 1961 provides for the power of Bar Council of India to withdraw to itself, any proceedings for disciplinary action pending before any State Bar Council:
Options:
(A) Section 35
(B) Section 37
(C) Section 36(2)
(D) None of the Above
Ans. – (C)
Explanation:
Section 36(2) of the Advocates Act, 1961 allows the disciplinary committee of the Bar Council of India (BCI) to withdraw and dispose of disciplinary proceedings against an advocate that are pending before a State Bar Council. The BCI can withdraw proceedings on its own, or on a report from a State Bar Council, or on an application from an interested party.
23. Which Court or Authority has the power to punish any person for contempt of the National Company Law Tribunal:
Options:
(A) Supreme Court
(B) High Court
(C) National Company Law Appellate Tribunal
(D) National Company Law Tribunal
Ans. – (D)
Explanation:
Section 425 of the Companies Act, 2013 gives the National Company Law Tribunal (NCLT) and the Appellate Tribunal the power to punish for contempt of themselves. The NCLT and the Appellate Tribunal have the same powers, jurisdiction, and authority as the High Court in respect of contempt of themselves. They can exercise the powers under the provisions of the Contempt of Courts Act, 1971.
24. Which of the following is not a vested interest:
Options:
(A) ‘A’ stipulates that title in a property shall pass to ‘C’ on his death.
(B) ‘A’ stipulates that title in a property shall pass to ‘C’ on the death of ‘B’.
(C) ‘A’ stipulates that title in a property shall pass to ‘C’ if he marries ‘B’.
(D) ‘A’ stipulates that title in a property shall pass to ‘C’ after ten years.
Ans. – (C)
Explanation:
A vested interest is a legal construct that is defined in Section 19 of the Transfer of Property Act, 1882 (TOPA). It is an interest in a property that is created in favor of a person without specifying a time when it will take effect. It can also be created when the interest is to take effect immediately or upon the occurrence of a specific event.
25. Which of the following is wrong in respect of the law of Copyright:
Options:
(A) Copyright protects only the expression and not idea.
(B) There is no copyright in respect of a fact.
(C) There is no copyright in a government work.
(D) Copyright doesn’t require registration.
Ans. – (C)
Explanation:
Section 28 of the Copyright Act, 1957 provides for the term of copyright in Government works. According to this section, in the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
26. In which of the following cases, the Supreme Court held that an International Commercial Arbitration is one which has its juridical or legal seat of arbitration outside India:
Options:
(A) Bhatia International v. Bulk Trading S.A. (2002) 4 SCC 105.
(B) Bharat Aluminium Company v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552.
(C) Booz Allen and Hamilton Inc. v. SBI Home Finance Limited, (2011) 5 SCC 532.
(D) Vimal Kishore Shah v. Jayesh Dinesh Shah, (2016) 8 SCC 788.
Ans. – (A)
Explanation:
Bhatia International v. Bulk Trading S.A. (2002) 4 SCC 105 is a landmark Supreme Court of India case that established important principles for international arbitration in India.
27. Which of the following provisions of the Hindu Succession Act, 1956 lays down for the escheat:
Options:
(A) Section 25
(B) Section 26
(C) Section 27
(D) Section 29
Ans. – (D)
Explanation:
Section 29 of the Hindu Succession Act, 1956 lays down the provisions for escheat. It states that if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
28. Under which of the following Articles of The Indian Constitution Parliament is empowered to legislate with respect to a matter in the State List in National Interest?
Options:
(A) Article 249
(B) Article 250
(C) Article 252
(D) Article 253
Ans. – (A)
Explanation:
Article 249 of the Indian Constitution grants Parliament the power to legislate on matters in the State List in the national interest. This article is an exception to the federal structure of the Constitution.
29. In which of the following cases the court has laid down that ‘Right to life’ does not include ‘Right to die’?
Options:
(A) State v. Sanjay Kr. Bhatia
(B) Smt. Gian Kaur v. State of Punjab
(C) Rv. Holiday
(D) P. Rathinam v. UOI
Ans. – (B)
Explanation:
In Gian Kaur v. State of Punjab (1996) 2 SCC 648, a five judge Constitution Bench of the Supreme Court overruled the P. Rathinam’s case and held that ‘right to life’ under Article 21 does not include ‘right to die’; or ‘right to be killed’. The ‘right to die’ is inherently inconsistent with the ‘right to life’ as is ‘death with life’. The Court accordingly held that Section 309 of IPC is not violative of Article 21.
30. The question whether a bill is a money bill or not is decided by?
Options:
(A) The Prime Minister
(B) The Finance Minister
(C) The President
(D) The Speaker, Lok Sabha
Ans. – (D)
Explanation:
The Speaker of the Lok Sabha decides whether a bill is a Money Bill or not. The Speaker’s decision is final. A bill is considered a Money Bill if it only includes provisions related to: Taxation, Borrowing money by the government, and Expenditure from or receipt to the Consolidated Fund of India.
31. Decision under 10th Schedule is taken by?
Options:
(A) President
(B) Chief Justice of India
(C) Prime Minister
(D) Presiding officers of Houses
Ans. – (D)
Explanation:
The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution. ‘Defection’ has been defined as, ‘To abandon a position or association, often to join an opposing group’.
32. The case of Muhammad Allahbad Khan v. Muhammad Ismail Khan is related to:
Options:
(A) Pre-emption
(B) Gift
(C) Mahr
(D) Acknowledgement of paternity
Ans. – (D)
Explanation:
The case of Muhammad Allahbad Khan v. Muhammad Ismail Khan (1888) ILR 10 All 289 is related to acknowledgement of paternity. In this case, the father of Allahbad Khan, a Sunni, died leaving behind two sons and three daughters.
33. In which of the following cases, the Supreme Court was in 2017 declared pronouncements of talaq three times at a time by a Muslim husband as unconstitutional?
Options:
(A) Shayara Bano v. Union of India
(B) Shassnim Ara v. State of U.P
(C) Baitahira v. Ali Hasan
(D) Danial latifi v. Union of India
Ans. – (A)
Explanation:
In the case of Shayara Bano v Union of India, W.P. (C) No. 118 of 2016, a five judges bench of the Supreme Court by a majority of 3:2 ruled that the practice of instant triple talaq is unconstitutional and a divorce pronounced by uttering talaq three times in one sitting is void and illegal.
34. Which one is a Foreign Award-
Options:
(A) An award in an arbitration where at least one party is non-Indian
(B) An award passed in a foreign seated arbitration
(C) An award passed in an arbitration where both the parties are non-Indian
(D) None of the above
Ans. – (B)
Explanation:
A foreign award is an arbitral award that results from a legal dispute between parties, whether contractual or not, that is considered commercial under Indian law. To be considered a foreign award, the following conditions must be met: The arbitration agreement must be in writing and apply to arbitration, and the arbitration must take place in a territory that the Central Government has notified as applying to the New York Convention.
35. If a man marries a girl who is within his prohibited relationship and his custom does not permit such marriage, such a man would be punished under:
Options:
(A) Section 17 of the Hindu Marriage Act, 1955
(B) Section 18(A) of the Hindu Marriage Act, 1955
(C) Section 18(B) of the Hindu Marriage Act, 1955
(D) No punishment for such marriages
Ans. – (C)
Explanation:
Section 18(B) of the Hindu Marriage Act of 1955 states that if the conditions of clause (iv) or (v) of section 5 are violated, the punishment may include: Up to one month of simple imprisonment, Up to one thousand rupees in fine, and Both.
36. Which section of the Hindu Marriage Act, 1955 provides that a child from a void marriage would be legitimate?
Options:
(A) Section 11
(B) Section 13(A)
(C) Section 12
(D) Section 16
Ans. – (D)
Explanation:
Section 16 of the Hindu Marriage Act of 1955 deals with the legitimacy of children born to void or voidable marriages.
37. The Land Acquisition Act, 1894 came into force on-
Options:
(A) First Day of January, 1894.
(B) First Day of February, 1894.
(C) First Day of March, 1894.
(D) First Day of April, 1894
Ans. – (C)
Explanation:
The Land Acquisition Act, 1894 which came into force on First day of March, 1894 was enacted with the object to amend the law for the acquisition of land for public purposes and for the companies.
38. Which of the following sentences can the Court of Session pass:
Options:
(A) Death Sentence.
(B) Rigorous Imprisonment.
(C) Simple Imprisonment.
(D) Any sentence authorised by law but death sentence must be confirmed by the High Court.
Ans. – (D)
Explanation:
Section 28(2) of the Code of Criminal Procedure (CrPC), 1973 states that a Sessions Judge or Additional Sessions Judge can pass any sentence that is authorized by law. However, any sentence of death passed by a Sessions Judge or Additional Sessions Judge must be confirmed by the High Court.
39. Which of the following is not a requirement for a foreign judgment to be conclusive:
Options:
(A) It must be given on merits of the case.
(B) It must be pronounced by a Court of competent jurisdiction.
(C) It was not obtained by fraud.
(D) It is by a court in an enemy country.
Ans. – (D)
Explanation:
Refer Section 13 of the Code of Civil Procedure, 1908.
40. A reference can be made during the pendency of the case:
Options:
(A) The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of law.
(B) The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of evidence.
(C) The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of fact
(D) The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of court procedure.
Ans. – (A)
Explanation:
Refer to Section 113 of Code of Civil Procedure, 1908.
41. A person can apply for review of judgment when:
Options:
(A) He is aggrieved by a decree/order from which an appeal is allowed, but no appeal has been preferred.
(B) He is aggrieved by a decree/order from which no appeal is allowed.
(C) He is aggrieved by a decision on a reference from a Court of small causes.
(D) All of the above.
Ans. – (D)
Explanation:
Section 114 of the Code of Civil Procedure (CPC) gives civil courts the power to review their own judgments or orders. This power can be used to correct errors or mistakes, or to address new evidence or matters that were not known at the original hearing. However, there are certain limitations on the use of this power, including Time (the review petition must be filed within a specified time period, usually 30 days from the date of the judgment or order) and Grounds (the grounds for review must be clearly specified and fall within the scope of Section 114).
42. In which of the following cases, the remedy of revision is not available?
Options:
(A) Cases in which first appeal lies.
(B) Cases in which second appeal lies.
(C) Interlocutory orders.
(D) All of the above.
Ans. – (D)
Explanation:
Section 115 of Code of Civil Procedure, 1908.
43. The liability under Section 138 of the Negotiable Instruments Act, 1881 is-
Options:
(A) Strict liability
(B) Vicarious liability
(C) Both ‘A’ and ‘B’
(D) None of the above
Ans. – (A)
Explanation:
The liability under Section 138 of the Negotiable Instruments Act, 1881 is strict liability. Section 138 of the Negotiable Instruments Act, 1881 deals with the dishonour of a check for insufficient funds or for other reasons. The person who drew the check is liable under this section. The guarantor and the principal debtor are also equally liable. The offender can be punished with a fine of up to twice the amount of the check and/or imprisonment for up to two years.
44. The objectives of Land Acquisition Act, 1894 are–
Options:
(A) An Act to amend the law for the acquisition of land for public purposes and for industry.
(B) An Act to amend the law for the purchase of land for public purpose and for business.
(C) An Act to amend the law for the possessions of land for public purpose and for manufacturing.
(D) An Act to amend the law for the Acquisition of land for public purposes and for Companies.
Ans. – (D)
Explanation:
The Land Acquisition Act, 1894 which came into force on First day of March, 1894 was enacted with the object to amend the law for the acquisition of land for public purposes and for the Companies.
45. It deals with the Internal Management and Affairs of company:
Options:
(A) Prospectus
(B) Articles of Association
(C) Memorandum of Association
(D) Debenture
Ans. – (B)
Explanation:
Articles of association (AOA) are a company’s legal documents that outline the rules and regulations that govern how the company operates: Structure (the company’s structure, including the roles and responsibilities of directors and shareholders), Management (how the company is managed, including how to distribute dividends, transfer shares, and conduct general meetings), Business type (the type of business the company will undertake), Shareholder control (how shareholders control the board of directors), and Share capital (how share capital is subdivided, transferred, and forfeited).
46. Public Liability Insurance Act was enacted in-
Options:
(A) 1991
(B) 1993
(C) 1995
(D) 1997
Ans. – (A)
Explanation:
The Public Liability Insurance Act was enacted in the year 1991 to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.
47. Environmental Impact Assessment (EIA) is mandatory under
Options:
(A) Indian Forest Act
(B) Air Act
(C) Wildlife Protection Act
(D) Environment Protection Act
Ans. – (D)
Explanation:
Environment Impact Assessment (EIA) is a formal process used to predict the environmental consequences of any development project. Environment Impact Assessment in India is statutory backed by the Environment Protection Act in 1986, which contains various provisions on EIA methodology and process.
48. Under which one of the following sections of Cr.P.C., police officer can arrest an accused without warrant?
Options:
(A) Section 40
(B) Section 41
(C) Section 42
(D) Section 43
Ans. – (B)
Explanation:
Section 41 of the Criminal Procedure Code, 1973 deals with when police may arrest without warrant.
49. Which one of the following courts, under Criminal Procedure Code, 1973 can try a murder case.
Options:
(A) Judicial Magistrate 1st Class
(B) Chief Judicial Magistrate
(C) Court of Session
(D) None of the above
Ans. – (C)
Explanation:
The First Schedule of Cr.P.C. prescribes that offence of murder under Section 302, IPC shall be tried by the Court of Session.
50. Public Interest litigation is relaxation of which of the following requirements:
Options:
(A) Jurisdiction
(B) Locus Standi
(C) Both (A) and (B)
(D) None of the Above
Ans. – (B)
Explanation:
In PIL, the rule of locus standi is relaxed to allow a broader range of people to file a case. This is because the goal of PIL is to ensure that the law is followed in the interest of the public, disadvantaged groups, and individuals.
51. Which of the following is not a case of Public Interest Litigation:
Options:
(A) Kesavananda Bharti v. State of Kerala, AIR 1973 (SC) 1461
(B) Vineet Narayan v. Union of India, AIR 1988 (SC) 889
(C) Union of India v. Association for Democratic Reforms, AIR 2002 (SC) 2112
(D) Vincent Panikurlangara v. Union of India, AIR 1987 (SC) 990.
Ans. – (A)
Explanation:
The case of Kesavananda Bharati v. State of Kerala is not a case of Public Interest Litigation.
52. Which of the following can be done by a Senior Advocate in accordance with the Rules of Bar Council of India:
Options:
(A) Make concessions on behalf of client on instructions from junior advocate.
(B) Accept instructions to draft a pleading
(C) Accept brief directly from a client
(D) None of the above
Ans. – (A)
Explanation:
Senior advocates must appear with an Advocate on Record in the Supreme Court, and with an Advocate in Part II of the State Roll in other courts, tribunals, and before other authorities. Senior advocates cannot draft pleadings, affidavits, or advice on evidence, or undertake conveyancing work. However, they can consult with an Advocate in Part II of the State Roll to settle these matters.
53. Effect of ‘not negotiable’ crossing mentioned under—
Options:
(A) Section 125
(B) Section 130
(C) Section 131
(D) Section 128
Ans. – (B)
Explanation:
Section 130 of Negotiable Instruments Act, 1881 deals with cheque bearing ‘not negotiable’. According to this section, a person taking a cheque crossed generally or specially, bearing in either case the words ‘not negotiable’, shall not have and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
54. Section 16 of Negotiable Instruments Act
Options:
(A) Restrictive endorsement
(B) Conditional endorsement
(C) Indorsement “in full” and Indorsement “in blank”
(D) All of the above
Ans. – (C)
Explanation:
The difference between an indorsement ‘in full’ and an indorsement ‘in blank’ is whether the indorser specifies a person to receive the payment. Indorsement ‘in blank’: The indorser only signs their name, without specifying a person to receive the payment. Indorsement ‘in full’: The indorser signs their name and specifies a person to receive the payment. The person specified is called the ‘indorsee’.
55. Ensuring the safety, health and welfare of the employees is the primary purpose of the:
Options:
(A) Payment of Wages Act, 1936
(B) Industrial Disputes Act, 1947
(C) Factories Act, 1948
(D) Equal Remuneration Act, 1976
Ans. – (C)
Explanation:
The Factories Act, 1948 was passed by the Constituent Assembly on August 28, 1948 with a view to consolidate and amend the law relating to labour in factories. The Act received the assent of Governor General of India on 23rd September, 1948 and came into force on April 1, 1949.
56. In which case Supreme Court held that whether teachers are not workmen?
Options:
(A) Dharangadhara Chemical Work Ltd. v. State of Saurashtra, AIR 1957 (SC) 246
(B) University of Delhi v. Ram Nath, AIR 1963 (SC) 1873
(C) J.K. Cotton Spinning and Weaving Mills Co. Ltd. v. L.T., AIR 1964 (SC) 737
(D) Sunderambal v. Government of Goa, AIR 1988 (SC) 1700.
Ans. – (B)
Explanation:
The Supreme Court has ruled that teachers are not considered workmen under the Industrial Disputes Act of 1947. The court’s reasoning is that teaching is a noble vocation that doesn’t qualify as manual, technical, supervisory, or clerical work.
57. Under Section (cc) of the Industrial Disputes Act, 1947 ‘Closure’ means:
Options:
(A) The permanent closing down of a place of employment or part thereof.
(B) The partly closing down of a place of employment or part thereof.
(C) The temporary closing down of a place of employment or part thereof.
(D) The short-term closing down of a place of employment or part thereof.
Ans. – (A)
Explanation:
Under Section 2 (cc) of the Industrial Disputes Act, 1947, ‘closure’ means the permanent closing down of a place of employment or part thereof.
58. If it is proved that a man has not been heard of for by those who would naturally have heard of him if he were alive, the presumption under section 108 of the Indian Evidence Act is that he is dead:
Options:
(A) 5 years
(B) 7 years
(C) 15 years
(D) 20 years
Ans. – (B)
Explanation:
Section 108 of the Indian Evidence Act, 1872 presumes that a person is dead if it is proven that he has not been heard of for seven years by those who would have naturally heard of him if he had been alive. In this case, the burden of proving that the person is alive shifts to the person who claims it.
59. A dumb witness given his evidence in writing in the open court, such evidence would be treated as-
Options:
(A) Oral evidence
(B) Documentary evidence
(C) Secondary evidence
(D) Primary evidence
Ans. – (A)
Explanation:
The Indian Evidence Act, 1872 defines oral evidence as statements made by witnesses in court about facts that are being investigated. Oral evidence can include spoken words, gestures, or movements.
60. Which of the following is not a public document?
Options:
(A) Bank Pass Books
(B) Post-Mortem Report
(C) Judgement of the High Court
(D) Registered Sale deed
Ans. – (A)
Explanation:
Bank Pass Books is not a public document. It is a personal document.
61. Under which one of the following sections of Cr.P.C., police officer is under obligation to inform the accused ground of right to bail.
Options:
(A) Section 49
(B) Section 50
(C) Section 57
(D) Section 60
Ans. – (B)
Explanation:
Section 50 of the Code of Criminal Procedure (CrPC) of 1973 states that if a person is arrested without a warrant, the police officer must inform them of: The reasons for their arrest, Their right to bail, and If the offense is bailable, they can be released on bail and the police can arrange sureties on their behalf.
62. Under what circumstance court can issue an order for the attachment of property of person absconding:
Options:
(A) Where the person to whom proclamation is issued is about to dispose of the whole of his property
(B) Where the person to whom proclamation is issued is about to dispose of any part of his property
(C) Where the person to whom proclamation is issued is about to remove the whole or any part of his property from the local jurisdiction of the court
(D) All of the above
Ans. – (D)
Explanation:
Section 83 of the Code of Criminal Procedure (CrPC), 1973, allows a court to order the attachment of property belonging to a person who is absconding.
63. Inherent Power under section 482, Cr.P.C. can be exercised by-
Options:
(A) The Supreme Court
(B) The Court of Session
(C) The High Court
(D) All of the above
Ans. – (C)
Explanation:
The High Court can exercise the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC): To prevent abuse of the process of any court, To secure the ends of justice, To make orders to give effect to any order under the CrPC, and To quash an FIR even after a charge sheet is filed.
64. Residuary Powers in India may be exercised by—
Options:
(A) Parliament
(B) State Legislatures
(C) President
(D) Both (A) and (B)
Ans. – (A)
Explanation:
Residuary powers are special powers granted to the Union Government by the Constitution. They are the powers that a governing body retains after delegating rights to other authorities.
65. The Punishments to which offenders are liable under the provision of IPC are:
Options:
(A) Death and imprisonment for life
(B) Rigorous imprisonment and simple imprisonment
(C) Forfeiture of property and fine
(D) All of the above
Ans. – (D)
Explanation:
Section 53 of Indian Penal Code, 1860 mentions that the punishment to which offenders are held liable under the provisions of the Code are: (1) death; (2) imprisonment for life; (3) imprisonment which is of two descriptions, namely (a) rigorous, i.e., with hard labour, and (b) simple; (4) forfeiture of property; and (5) fine.
66. McNaughten Rules form the basis of the law of:
Options:
(A) Infancy
(B) Insanity
(C) Ignorance of fact
(D) Mistake
Ans. – (B)
Explanation:
The M’Naghten Rule, also known as the M’Naghten Test, is a legal test that determines if a defendant is legally insane. It is based on the idea that all defendants are sane unless they can prove they didn’t know what they were doing or that it was wrong when they committed the crime.
67. ‘Rule of Law’ means:
Options:
(A) Equality before the law
(B) Supremacy of the law
(C) Predominance of legal spirit
(D) All of the above
Ans. – (D)
Explanation:
A.V. Dicey stated three principles to the term ‘Rule of Law’: (i) Supremacy of Law, (ii) Equality before Law, and (iii) Predominance of Legal spirit.
68. The purpose of writ of ‘Quo warranto’ is?
Options:
(A) To compel public authority to perform -duty
(B) To restrain public authority to do illegal act
(C) To oust illegal occupant of a public post
(D) All of the above
Ans. – (C)
Explanation:
The purpose of a writ of quo warranto is to prevent a person from holding a public office they are not entitled to.
69. Under the Indian Evidence Act, the character of a person is not relevant in which of the following cases:
Options:
(A) Previous good character of an accused in criminal case
(B) Previous bad character in reply to good character in criminal case.
(C) Character to prove conduct imputed in civil case.
(D) Character affected the amount of damage in civil case
Ans. – (C)
Explanation:
According to Section 52 of Indian Evidence Act, 1872.
70. Which one of the following is primary evidence?
Options:
(A) Document produced for the inspection of the Court
(B) Copies made from original
(C) Certified copies of the document
(D) Photostat copies of a document
Ans. – (A)
Explanation:
Section 62 of the Indian Evidence Act, 1872 defines primary evidence as the document itself produced for the inspection of the Court.
71. From which of the following countries, the Constitution of India has borrowed the ‘Power of Judicial Review’?
Options:
(A) Canada
(B) United Kingdom
(C) USA
(D) Ireland
Ans. – (C)
Explanation:
Under the Constitution of India, the concept of Judicial Review has been borrowed from the Constitution of USA.
72. Enforcement of which of the following articles of the Constitution of India cannot be suspended even during the proclamation of emergency?
Options:
(A) 14 & 19
(B) 20 & 21
(C) 23 & 24
(D) 21 & 22
Ans. – (B)
Explanation:
Articles 20 and 21 of the Constitution of India cannot be suspended even during a proclamation of emergency. Article 20: Prohibits self-incrimination. Article 21: Protects an individual’s right to life and personal liberty. The President of India can suspend other fundamental rights during an emergency under Article 359. However, the right to judicial remedy for the enforcement of Articles 20 and 21 cannot be suspended.
73. Which of the following fact is not relevant in civil and criminal cases under section 8 of the Indian Evidence Act?
Options:
(A) Motive
(B) Attempt
(C) Conduct
(D) Preparation
Ans. – (B)
Explanation:
Section 8 of the Indian Evidence Act, 1872 deals with Motive, preparation and previous or subsequent conduct. It is clear from the wordings of this section that attempt is not relevant in civil and criminal cases.
74. BATNA Stands for:
Options:
(A) Bilateral agreement to negotiation and arbitration
(B) Best alternative to a negotiated agreement
(C) Bilateral Trade negotiated agreement
(D) None of the above
Ans. – (B)
Explanation:
BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement. It is defined as the most advantageous alternative that a negotiating party can take if negotiations fail and an agreement cannot be made.
75. Section 9 of the Arbitration and Conciliation Act, 1996 deals with:
Options:
(A) Interim measures by the court
(B) Discretionary powers of the court
(C) Both (A) & (B)
(D) None of the above
Ans. – (A)
Explanation:
Section 9 of the Arbitration and Conciliation Act, 1996 deals with interim measures by the court.
76. Which one of the following is true about Latin Maxim ‘Ubi Jus Ibi remedium’?
Options:
(A) Where there is right, there is remedy.
(B) Where there is remedy, there is right.
(C) Both (A) and (B)
(D) None of the above
Ans. – (A)
Explanation:
‘Ubi jus ibi remedium’ is a latin maxim which means where there is a right there is a remedy. The word ‘Jus’ means the legal authority to do or demand something, and the word ‘remedium’ means the right of action in a Court of law. Literal meaning of this maxim is that whenever there is a legal right, there is a legal remedy. It also expresses that there is no wrong without a remedy.
77. The Latin word ‘Injuria Sine Damnum’ Literally means:
Options:
(A) Infringement of legal right without damages.
(B) Damages without Infringement of legal right.
(C) Both (A) and (B)
(D) All of the above
Ans. – (A)
Explanation:
The Latin phrase injuria sine damnum translates to ‘injury without damage’ in English. It is a legal term that refers to a situation where a person’s legal rights are violated, but they do not suffer any financial or material loss.
78. The Provision relating to claims Tribunal is given under of Motor Vehicles Act:
Options:
(A) Sections 165-175
(B) Sections 175-180
(C) Sections 170-175
(D) Sections 171-177
Ans. – (A)
Explanation:
The provisions relating to claims Tribunal is given under Sections 165-175 of Motor Vehicles Act.
79. Which of the following is not a duty of an Advocate to Court:
Options:
(A) To not commit breach of section 126 of Evidence Act.
(B) To not to appear on behalf of any organisation of whose Executive Committee, he is a member.
(C) To not appeal before a Court, Tribunal or Authority in which his near relation is a member.
(D) To conduct himself with dignity and self-respect during presentation of a case before a Court and otherwise acting before a Court.
Ans. – (A)
Explanation:
According to the Bar Council of India (BCI), an advocate’s duties to the court include: Respect (an advocate should always show respect to the court), Dignity (an advocate should act in a dignified manner and use dignified language in court and in correspondence), Dress code (an advocate should appear in court in the dress code prescribed by the BCI), Avoid private communication, Avoid illegal behavior, and Avoid representing clients using unfair means.
80. Which of the following rules of Chapter II of Part VI of the Bar Council Rules deal, with the duty of an Advocate in respect of any money received by him from Client:
Options:
(A) Rule 25
(B) Rule 33
(C) Rule 24
(D) None of the above
Ans. – (A)
Explanation:
Rule 25 of Chapter II of Part VI of the Bar Council of India Rules says that an advocate should keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.
81. Under which of the following sections of Cr.P.C. provisions relating to police report are given?
Options:
(A) Section 173(2)(i)
(B) Section 177
(C) Section 174(2)(i)
(D) Section 175
Ans. – (A)
Explanation:
Section 173(2)(i) of the Code of Criminal Procedure (CrPC), 1973 states that a police officer must submit a report to a Magistrate after completing an investigation.
82. Which one of the following provisions of Cr.P.C. deals with anticipatory bail?
Options:
(A) Section 437
(B) Section 438
(C) Section 439
(D) None of the above
Ans. – (B)
Explanation:
Section 438 of the Criminal Procedure Code, 1973 deals with the provisions relating to anticipatory bail.
83. The provision relating to cancellation of bond and bail bond is given under:
Options:
(A) Section 446-A
(B) Section 446
(C) Section 447
(D) Section 450
Ans. – (A)
Explanation:
Section 446A of the Criminal Procedure Code, 1973 provides for the Cancellation of bond and bail-bond.
84. Which of the following provisions of the Hindu Marriage Act, 1955 incorporates the fault theory of divorce?
Options:
(A) Section 13(1)
(B) Section 11
(C) Section 13B
(D) Section 13(2)
Ans. – (A & D)
Explanation:
The fault theory of divorce, also known as the guilt theory or offense theory, states that a marriage can only be dissolved if one spouse commits a matrimonial offense against the other. The guilty party must be completely blameless, and the innocent party must be the only one who can seek a divorce. If both parties are at fault, neither is entitled to a divorce. The marital relationship must be personally injured.
85. Under the Hindu Adoption and Maintenance Act, 1956, which of the both following circumstances can a dependent enforce his right to maintenance against a transferee of an estate out of which he has a right to receive maintenance:
Options:
(A) Only when the Transferee has a notice of such right.
(B) Only when the transfer is gratuitous.
(C) Both (A) and (B)
(D) None of the above.
Ans. – (C)
Explanation:
As per Section 28 of Hindu Adoption and Maintenance Act, 1956, where a dependent has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive ‘maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.
86. Which of the following Courts/Tribunals cannot entertain a Public Interest Litigation:
Options:
(A) Supreme Court
(B) High Court
(C) Central Administrative Tribunal
(D) None of the above
Ans. – (C)
Explanation:
Public interest litigation is not defined in any statute or any Act. However, it has been interpreted by judges to consider the intent of public at large.
87. ‘Mesne Profits’ of property means:
Options:
(A) Those profits by which the person in wrongful possession of such property actually received or might have received therefrom, together with interest on such profits.
(B) The profits due to improvements made by person in wrongful possession.
(C) Both (A) and (B)
(D) None of the above
Ans. – (A)
Explanation:
Mesne profits of property are the compensation paid to the rightful owner of a property by a person who is in wrongful possession of it. It is the sum of money that the person in wrongful possession has received or could have received from the property, along with interest on those profits.
88. Which of the following is not a legal representative?
Options:
(A) Executor and administrators.
(B) Hindu coparceners.
(C) Creditor.
(D) Intermeddler
Ans. – (C)
Explanation:
The term ‘legal representative’ is defined under section 2(11) of Code of Civil Procedure, 1908 as a person who in law represents the estate of deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.
89. The provisions relating to dowry is given under:
Options:
(A) Section 304-B of the I.P.C.
(B) Section 304-A of the I.P.C.
(C) Section 304 of the I:P.C.
(D) Section 305-B of the I.P.C.
Ans. – (A)
Explanation:
The provisions relating to dowry are given under Section 304-B of the Indian Penal Code, 1860.
90. Which of the following sections is designed to curb infanticide:
Options:
(A) Section 317 of the I.P.C.
(B) Section 313 of the I.P.C.
(C) Section 318 of the I.P.C.
(D) Section 315 of the I.P.C.
Ans. – (D)
Explanation:
Section 315 of the Indian Penal Code (IPC) deals with the offense of foeticide and infanticide. It states that anyone who intentionally prevents a child from being born alive or causes it to die after birth can be punished with imprisonment, a fine, or both. The punishment can be up to ten years in prison.
91. Which order has been specially enacted to protect the interest of Minors and person of Unsound Mind:
Options:
(A) Order 31
(B) Order 32
(C) Order 33
(D) Order 34
Ans. – (B)
Explanation:
Order XXXII of the Code of Civil Procedure, 1908 deals with Suits by or against minors and persons of unsound mind.
92. Which order of the CPC lays down general rules governing pleadings in a court?
Options:
(A) Order 6
(B) Order 7
(C) Order 8
(D) Order 9
Ans. – (A)
Explanation:
Order VI of the Civil Procedure Code, 1908 lays down general rules governing pleading in a court.
93. Second appeal under section 100 is applicable:
Options:
(A) Substantial question of law as formulated by the High Court
(B) Substantial question of law as not formulated by the High Court provided that if it is satisfied that the case involves such question
(C) An appellate decree passed Ex Parte
(D) All of the above
Ans. – (D)
Explanation:
A second appeal under Section 100 of the Code of Civil Procedure (CPC) is applicable when there is a substantial question of law: The decision is against the law or a custom or usage that has the force of law, The decision failed to determine a material issue of law or custom or usage that has the force of law, and There is a substantial error or defect in the procedure provided by the Code.
94. The Consumer Protection Act, 1986 came into effect on-
Options:
(A) 24th August, 1986
(B) 15th April, 1986
(C) 24th May, 1986
(D) 24th December, 1986
Ans. – (D)
Explanation:
The Consumer Protection Act, 1986 which came into effect on 24th December, 1986, was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith.
95. Which one of the following sections of Consumer Protection Act, 1986 defines the term ‘Consumer’?
Options:
(A) Section 2(1)(a)
(B) Section 2(1)(b)
(C) Section 2(1)(c)
(D) Section 2(1)(d)
Ans. – (D)
Explanation:
Section 2(1)(d) of the Consumer Protection Act (CPA) defines a consumer as a person who buys goods or services for personal use, not for resale or for commercial purposes.
96. The principle of Law of Taxation that “No tax shall be levied or collected except by authority of law”. It is contained under:
Options:
(A) Article 265 of the Constitution
(B) Article 300 of the Constitution
(C) Article 19(1)(g) of the Constitution
(D) Article 285 of the Constitution
Ans. – (A)
Explanation:
Article 265 of the Constitution of India provides that ‘no tax shall be levied or collected except by the authority of law’. Therefore, no tax can be levied or collected in India, unless it is explicitly and clearly authorised by way of legislation.
97. Under which section of Income Tax Act “Income of other persons are included in assessee’s total income”
Options:
(A) Sections 56-58
(B) Sections 139-147
(C) Sections 246-262
(D) Sections 60-65
Ans. – (D)
Explanation:
The income of other persons is included in an assessee’s total income under sections 60 to 64 of the Income Tax Act, 1961. This is known as ‘clubbing of income’.
98. Which one of the following sentence is correctly matched:
Options:
(A) In India, consideration must follow from promisee only.
(B) In India, consideration must follow from only promisor or only promisee.
(C) In India, consideration must follow from promisor or any other person.
(D) In India, consideration must follow from promisee or any other person.
Ans. – (D)
Explanation:
Consideration is a vital part of a valid contract, and without it, the contract is void. It must be something that the promisor is not already obligated to do. It can be an act, abstinence, forbearance, or a returned promise. It can be past, present, or future. It must be real, competent, and have some value in the eyes of the law. It need not be adequate, meaning it doesn’t need to be equal in value to something given.
99. Assertion (A): Collateral transactions to wagering are valid. Reason (R): Only wagering agreements are declared void under section 30 of the Indian Contract Act:
Options:
(A) (A) is true, but (R) is false.
(B) (A) is false, but (R) is true.
(C) Both (A) and (R) are true, but (R) is not correct explanation of (A)
(D) Both (A) and (R) are true, and (R) is correct explanation of (A)
Ans. – (D)
Explanation:
As per Section 30 of the Indian Contract Act, 1872, the agreement by way of wager is void. However, the wagering agreements are void but not illegal. Thus, the transaction collateral to the main transaction is valid but not void.
100. The term ‘holder’ includes
Options:
(A) The payee
(B) The bearer
(C) The endorsed
(D) All of the above
Ans. – (D)
Explanation:
The term ‘holder’ in the Negotiable Instruments Act of 1881 does not include a person who is in possession of a negotiable instrument but does not have the right to recover the amount due on it. A holder is the payee, indorsee, or bearer of a negotiable instrument who is in possession of it and has the right to receive or recover the amount due on it. A holder does not include a beneficial owner claiming through a benamidar. An assignee of a note or bill is not a holder unless the instrument is indorsed in their favour or payable to bearer and in their possession.
