Duration : 3 Hours] [Max. Marks : 100 (English Version) Instructions to the Candidates : PART - I SECTION - A

Transcription

1 TN CIVIL JUDGE EXAM 2012 MODEL QUESTION PAPER 1 Duration : 3 Hours] [Max. Marks : 100 (English Version) Instructions to the Candidates : i) Candidates are given the option of writing the answers either in Tamil or in English, but not in both. ii) Part I of the Paper consists of five Sections Sections A to E. This Part consists of Multiple Choice Type questions. All questions in Sections A to E of Part I have to be answered. iii) Each question in Sections A to E of Part-I carries 1 (one) mark each. There is negative marking. If the answer iv) is wrong. ½ (half) mark will be deducted. There is no negative marking if a question is not attempted. Part-II of the Paper consists of Essay Type questions. All questions have to be answered. The answer to each question should not exceed three hundred words. each question carries 10 (ten) marks. PART - I SECTION - A 1. Article 21-A- Right to education to all children of the age of six to fourteen years has been inserted in the constitution by: a) The Constitution (43 rd Amendment) Act, 1977 b) The Constitution (86 th Amendment) Act, The doctrine of Territorial Nexus is related with: c) The Constitution (70 th Amendment) Act, 1992 d) The Constitution (74 th Amendment) Act, a) Article-13 b) Article 211 c) Article 245 d) Article Creamy layer rule excluding the well placed members of a caste from reservation was first laid down in the case of: a) Ashok Kumar Thakur Vs. State of Bihar b) Maneka Gandhi Vs. Union of India c) Indira Sawhney Vs. Union of India d) Minerva Mills Vs. Union of India 4. In which Article of the constitution, the eligibility for re-election of the President is given? a) Article 57 b) Article 58 c) Article 59 d) Article After which one of the following supreme court decisions was the special provision for socially and educationally backward classes, introduced by an Amendment of the constitution of India? a) D.P.Joshi Vs State of Madhya Bharat b) M.R. Balaji Vs. State of Mysore 6. Given Below are two statement: Assertion (A): Right of Education is a fundamental Right. c) State of Madras vs. Champakam Dorairajan d) T.Devadasan Vs. Union of India. Reason (R): Our Constitution has no provision for education before making right to education as fundamental right. In the context of the above, which one is correct? a) Both (A) and (R) are true and (R) is the correct explanation of (A) b) Both (A) and (R) are true, but (R) is not the correct explanation of (A) c) (A) is true, but (R) is false d) (A) is false, but (R) is true. 1

2 7. Autre Fois Acquit principle is related to: a) Retrospective-operators b) Double jeopardy c) Ex post facto law d) Self-incrimination 8. When the two houses of parliament differ regarding a Bill, then the deadlock is resolved by: a) a joint sitting of two houses b) the President of India c) the Prime Minister of India d) Special Committee 9. Match List-I with List-II and select the correct answer using the codes given below the lists: A. India, that is Bharat is a Union of States 1. Preamble B. Liberty of Thought, Expression and Worship 2. Right to freedom C. Freedom of Speech and Expression 3. Union and its Territory D. Protection of Interest of Minorities 4. Cultural and Educational Rights Codes:- A B C D (a) (b) (c) (d) The law declared by Supreme Court of India is binding on all courts within the territory of India, but the supreme court is not bound by its decision was decided by the supreme Court itself in: a) Keshavanand Bharati vs. State of Kerala b) Indira Nehru Gandhi Vs. Raj Narain 11. A fact is said to be not proved : a) When it is disproved c) Madhav Rao Scindia Vs Union of India d) Bengal Immunity Co. Ltd Vs. State of Bihar. SECTION - B b) When, after considering the matters before it, the court believes that it does not exist c) When a prudent man considers that the fact does not exist d) When it is neither proved nor disproved. 12. The statement in order to constitute a confession under the India Evidence Act, must either admit in terms the offence or at any rate substantially all facts which constitute the offence. a) John Makin Vs. Attorney General b) Pakla Narain Swamy Vs. Emperor c) H.H.B Gill Vs. King Emperor d) Q.E. vs. Abdullah 13. Which Section of the Indian Evidence Act, 1872 deals only with civil matters? a) Section-23 b) Section 27 c) Section 53 d) Section In which of the following cases, it was held that Section-27 of the Indian Evidence Act, 1872 is an exception tosections-24, 25 and 26? a) Pakla Narain Swamy Vs. King Emperor b) Inayatullah Vs. State of Maharashtra 15. The Principle of Promissory Estoppel found its root: a) as an exception to the doctrine of consideration in law of contract b) as a rule of future consideration in the law of contract. c) As a rule of past consideration in the law of contract d) None of the above 16. Palvinder Kaur Vs. State of Punjab Relates to which of the following? a) Confession b) Dying declaration c) State of UP Vs. Deoman Upadhyaya d) P. Kottayya Vs. King Emperor c) Entries in the books of account d) Relevancy of Judgment 17. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. This provision is contained in which Section of the Indian Evidence Act? a) Section-101 b) Section 111 c) Section- 102 d) Section

3 18. The principle that possession is prime facie proof of ownership is provided under: a) Section 109 of the Evidence Act b) Section 111 of the Evidence Act c) Section 110 of the Evidence Act d) Section 112 of the Evidence Act 19. In which one of the following cases, the supreme court held that confession of co-accused are very weak evidence and no conviction can be based solely on such confession? a) Nathu Vs. State of U.P b) Ram Prakash Vs. State of Punjab c) Kashmira Singh Vs. State of M.P d) None of the above 20. Which of the following does not find a mention as showing state of mind under Section 14 of the Evidence Act, 1872? a) III Will b) Motive c) Good faith d) Negligence SECTION - C 21. Decree holder means person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term decree holder is mentioned under: a) Section 2(2), C.P.C b) Section 2(3), C.P.C 22. Rejection of Plaint is mentioned under: a) Order VII rule 11 b) Order VI rule Which of the following combinations are not correctly matched? 1) Execution of decree Sec. 77, C.P.C 2) Letter of request Sec. 82, C.P.C 3) Legal representative Sec. 50, C.P.C 4) Institution of suit Sec. 28, C.P.C c) Section 2(4), C.P.C d) Section 2(d), C.P.C c) Order VII rule 12 d) Order VIII rule 4 a) (1), (2) and (3) b) (1), (2) and (4) c) (1), (3) and (4) d) (2), (3) and (4) 24. Dasti Summons for service on the defendant can be given to the plaintiff under: a) Order V Rule 9A, C.PC b) Order V Rule 9, C.PC 25. Section- 115 of the Civil Procedure Code provides for the following: a) Reference b) Review c) Order IV Rule 7, C.PC d) Order VI Rule 6, C.PC c) Revision 26. Order XXIII of the Civil procedure code applies to the following: a) Withdrawal of suits b) Appeals d) Appeal to the Supreme court c) Execution proceeding d) All of the above 27. Under which explanation of Section-11 of Civil procedure code constructive resjudicata has been explained? a) Explanation I b) Explanation II 28. Section- 18 of the Civil Procedure Code provides for: c) Explanation III d) Explanation IV a) Place of Institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court b) Place of institution of suit in respect of immovable property where the property is situated in the Jurisdiction of different court. c) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain. d) All of the above. 29. A decree may be executed by: a) Tahsildar b) Collector c) District Judge d) Either by the court which passed it or to which it is sent. 3

4 30. Objection as to place of suing shall be allowed in the court of the first instance is the essence of : a) Section -21 A of C.P.C b) Section -20 of C.P.C 4 c) Section -22 of C.P.C d) Section -21 of C.P.C SECTION - D 31. The period of Limitation within which defendant shall submit his written statement is ordinarily within: a) 60 days from service of summons b) Always 90 days from service of summons c) 30 days from service of summons or 90-days if allowed by the court d) 15 days from service of summons 32. A person may sue a foreign state: a) with the consent of the state government b) only with the consent of the Central Government c) with the consent of Central or State Government d) with the consent of the President of India 33. Certain topics under the Code of Civil procedure are described hereunder in List-I while their Section/ Order numbers are mentioned in List-II. Match the entries of List-I and List-II and write the correct answer using the codes below: A. Affidavit 1. Order 26 B. Arrest before judgement 2. Order 33 C. Commission to examine witnesses 3. Order 19 D. Suit by indigent persons 4. Order 38 Codes:- A B C D (a) (b) (c) (d) Which of the following determinations does not come under the definition of decree? a) An adjudication which conclusively determines the rights of the matters in issue before the court. b) Rejection of a plaint c) Determination of any question under section-144 of the code of civil procedure d) Dismiss of a suit for default 35. Additional Chief Judicial Magistrate may pass a sentence of imprisonment extending up to a) 5 Years b) 7 Years c) 3 years d) 10 years 36. Which provision of the Cr. P.C. resembles with Habeas Corpus Writ? a) Section-91 b) Section-93 c) Section-97 d) Section Which Section of the Cr. P.C., 1973 applies when the officer-in charge of a police station receives information that a person has committed suicide? a) Section-174 b) Section-181 c) Section-154 d) Section Under which Section of Cr.P.C., inherent powers can be exercise by the High court? a) Section-482 b) Section-483 c) Section-484 d) Section Which one of the following offences has not been enumerated under section 110 of the Cr. P.C which empowers an Executive Magistrate to require such person to show cause why he should not be ordered to execute a bond for his good behaviour? a) Drugs and Cosmetics Act, 1940 b) Dowry Prohibition Act, The chapter of Plea Bargaining is added to the Cr. P.C. by the: c) Foreign Exchange Regulation Act, 1973 d) Untouchability (Offences) Act, 1955 a) Code of Criminal Procedure (Amendment) Act, 2005 (Act No. 25 of 2005) b) Criminal law (Amendment) Act, 2005 (Act No. 2 of 2006) c) Criminal procedure (Amendment) Act, 2006 d) Criminal Law (Amendment) Act, 2003.

5 SECTION - E 41. Which one of the following is not correctly matched? a) Police to prevent cognizable Cr. P.C section 149 offences b) Power to arrest to prevent the section 151 commission of cognizable offence c) Power of certain armed force section 131 officers to dispense assembly d) Arrest by Magistrate Cr. P.C section Which one of the following combinations are not correctly matched? a) Anticipatory bail 1. Section 437 Cr. Pc. b) Summary Dismissal of appeal 2. Section 384 Cr. P.C c) Appeal in case of acquittal 3. Section 376, Cr. P.C d) Reference to High court 4. Section 397, Cr. P.C 43. Who of the following cannot claim maintenance under section 125 (4) of the Cr. P.C? a) Wife living in adultery b) Wife living separately by mutual consent c) Both (a) and (b) d) Either (a) or (b) 44. Who among the following is not entitled to claim maintenance under Section Cr. P. Code? a) Divorced wife so long as she does not marry b) Unmarried sister c) Adoptive mother d) Illegitimate minor child 45. The Code of Civil Procedure (Amendment) Act, 2002 came into force on : a) b) c) d) Which one of the following sections has been newly added by Civil Procedure Code (Amendment) Act, 1999? a) Section-87 b) Section-88 c) Section-89 d) Section Under which provision of C.P.C. the Collector may be appointed as a Receiver? a) Order 40 Rule 1 b) Order 40 Rule 2 c) Order 40 Rule 3 d) Order 40 Rule The doctrine of res-judicata is not applicable in the case of following writ : a) Habeas Corpus b) Certiorari c) Mandamus d) Quo-warranto 49. Which provision under the Code of Criminal Procedure, 1973 prescribes the mode of execution of sentence of death that The convict be hanged by the neck until he be dead? a) Section-413 c) Section-416 b) Form No. 42 of the Second Schedule of the Code d) Section A minor child claims maintenance under Section-125 Cr. P.C., 1973 from his father in issue warrant for recovery of amount of maintenance to concerned parents in U.S.A. through Indian Ambassador in U.S.A. It was also held by the Court that if father fails to send the amount of maintenance, then the Magistrate will proceed according to law. This was held in : a) Piyal Vs. Pradeep Kumar Kamboj, 2000 b) Sargam Bonia Sreenu Vs. Kamal, 2000 c) Din Dayal Vs. Arun Kumar, 2000 d) Ashok Kumar Vs. Kirpal Singh, 2000 Mrphpah; jfjpj; njh;t[ B.Ed. & D.TEd fy;tpj; jfjp bgw;wth;fsf;fhd TRB elj;jk; Mrphpah; jfjpj; njh;t[f;f (TET) gapw;rp tfg;g[fs; tpiutpy; Muk;gk;/ bjhlh;g[f;f : , ,

6 PART - II 1. Is tapping of telephone an invasion on the right to privacy? Discuss. 2. Give some of the illustrative cases where an order of acquittal may be set aside in revision by the High Court. 3. Does Section 10 of CPC apply where one of the two proceedings is not a suit? Discuss. 4. What observation was made by the Supreme Court in regard to Dying Declaration in the case of P.V. Radhakrishna Vs State of Karnataka? 5. What facts are to be considered material by the Magistrate at the stage of framing charges? Answers for the above Questions will be published after a week. In the mean time, in order to evaluate yourself, you can try to answer these questions. Week end Class Room coaching for Group IV, Group II & Group I commences on all our branches. 6