Thursday, 29 September 2016
Tuesday, 27 September 2016
Jcj model test questions
MODEL TEST (100 Questions, 2 Hours) 26-09-2016
1. What is the use of First Information Report?
a. For corroboration
b. For contradiction
c. Both
d. To prove the version of the prosecution
2. What is the stage before which a magistrate can record any confessional statement made to him?
a. At any stage before the conclusion of enquiry or trial
b. At any stage before the commencement of enquiry or trial
c. At any stage before the culmination of investigation
3. What is the description of the punishment to be imposed for default of payment of fine when the sentence prescribed is imprisonment as well as fine
a. Rigorous imprisonment
b. Simple imprisonment
c. Either of the two descriptions
4. When and under what circumstances a judicial magistrate of first class can add a person as accused in a criminal case?
a. After taking cognizance of the case and before framing a charge
b. During the course of an enquiry or trial when it appears from the evidence
c. After framing of the charge and before the trial is commence
d. None of the above cases
5. Evidence means and include
a. Oral evidence
b. Documentary evidence
c. Both (a) and (b)
d. None
6. When secondary evidence can be given?
a. When the original is destroyed or lost
b. When existence, condition or contents of the original are admitted
c. When the original is in the possession of the opposite party
d. In the situation covered by clause (a) and (b)
7. Under Cr.P.C. the period of limitation shall commence:
a. On the date of filing the complaint
b. On the date of taking cognizance
c. On the date of offence
d. None of the above
8. The order of remand by magistrate under section 167 or Cr.P.C. shall be forwarded to:
a. High Court
b. Government of A.P.
c. Sessions Judge
d. Public Prosecutor
9. Raja a resident of Hyderabad beats Somu in Visakhapatnam. In which place somu has to institute suit for compelsation for wrong done to him?
a. Hyderabad to Visakhapatnam
b. Hyderabad
c. Visakhapatnam
d. None of the above
10. In case of public nuisance a suit for declaration and injunction can be filed by the Advocate General or:
a. A social activist
b. All person aggrieved
c. Two or more persons with the leave of the court
d. None of the above.
11. When a suit is dismissed under Order IX Rule 8 of CPC.
a. Plaintiff can file a fresh suit
b. Plaintiff cannot file a fresh suit
c. Plaintiff can apply for order IX rule 9 of CPC to set aside dismissal order
d. None of the above
12. When a party to a contract makes a suggestion, as a fact, of that which is not true, by one who does not belief to be true to induce another party to enter into contract, the act is one:
a. By undue influence
b. By coercion
c. By fraud
d. None of these
13. A case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years is :
a. Summons-case
b. Sessions-case
c. Summons & sessions-case
d. Warrant case
14. While framing the charge, the magistrate has to describe the charge by a specific name if the law which creates offence gives such name. This statement is :
a. Incorrect
b. Correct
c. It is optional
d. None of the above
15. When a person is liable to maintain his wife?
a. When he has sufficient means
b. When his wife is unable to maintain herself
c. So long as he has not divorced her
d. When she deserted her husband
16. What is the use of First Information Report?
a. For corroboration
b. For contradiction
c. Both
d. To prove the version of the prosecution
17. In what type of case the accused cannot be discharged?
a. Sessions case
b. Warrant case
c. Summons case
d. Private warrant case
18. What evidence may be given of facts in issue and relevant facts in a suit or proceeding?
a. The evidence which is declared as relevant by the act
b. The evidence which is required to prove the case
c. To discharge the burden cast on the party
d. None of these three
19. When a fact, which is not otherwise relevant, becomes relevant?
a. If it is inconsistent with the fact in issue or relevant fact
b. If it is not prohibited by law
c. If it is required to prove the case
d. None of the three cases
20. What facts need not be proved?
a. Facts which are admitted
b. Facts which are irrelevant
c. Facts which are improbable
d. Facts which are inconsistent with the fact in issue
21. What is primary evidence
a. Certified copy of the document
b. A photograph of an original
c. The document itself
d. A true copy of the document
22. What shall be the term of imprisonment is the offender commits default of payment of fine when the offence is punishable with imprisonment as well as fine?
a. 1/3rd of the sentence imposed
b. Discretion of the Court
c. 1/4th of the maximum term prescribed for the offence
d. To the extent of half of the sentence prescribed
23. Whether an act done by a person who is bound by law to do it or who in good faith believes that he is bound by law to do it is an offence?
a. It is not offence
b. Is an offence
c. Is a mitigating circumstances in the offence
d. Nothing can be said
24. Whether an act done with proper care and caution but resulted in an accident is an offence?
a. It is not offence
b. Is an offence
c. Is a mitigating circumstances in the offence
d. Nothing can be said
25. In what manner a document required by law to be attested can be introduced in evidence when execution thereof is denied?
a. By examining one attesting witness at least
b. By producing the original documents
c. By examining the scribe
d. None of the above modes
26. “Corpus delicti” means
a. Substance of the offence charged
b. The story of the prosecution
c. Motive and intention for the crime
27. What quantum of sentence of imprisonment a Magistrate of First Class can pass?
a. The Magistrate can pass the sentence as prescribed under law
b. Imprisonment for a term not exceeding three years
c. Imprisonment for a term not exceeding five years
d. It is left to the discretion of the Magistrate
28. What is the sentence of fine that can be passed by a Magistrate of First Class for an offence under section 138 of NI Act
a. Rs.50,000/- as prescribed under the section
b. Not exceeding Rs.5,000/-
c. Discretion of the Magistrate
d. There is no limit
29. When a complaint is pending before the court and in respect of the same offence and the same accused, the police after investigation filed a charge sheet, how those cases be tried by the Court?
a. They shall be tried separately
b. They shall be tried together as if both the cases are instituted on the police report
c. Neither (a) nor (b)
30. When robbery becomes dacoity?
a. Robbery is committed by arming with deadly weapons
b. When five or more persons conjointly commit robbery
c. If two persons commit robbery together
d. None of the above
31. Can a magistrate issue warrant for the arrest of the accused during the course of investigation?
a. YES
b. NO
32. Can a magistrate direct a person who appeared before him pursuant to a summon issued to execute a bond with or without sureties for his appearance?
a. YES
b. NO
33. Whether the accused is required to be questioned on the quantum of punishment in a summons case?
a. YES
b. NO
34. Under Cr.P.C. period of limitation means
a. Limitation prescribed by Limitation Act, 1963.
b. Limitation prescribed by General Clauses Act
c. Period specified in section 468 Cr.P.C. for taking cognizance of the offence
d. None of the above
35. Section 357-A as inserted by code of Criminal Procedure (amendment) Act, 2008 provides for payment of compensation to the victim of a crime. Which one of the following authorities is competent to decide quantum of compensation.
a. High Court
b. Sessions Court
c. Criminal Court trying the offence
d. District Legal services Authorities
36. Where death of Woman is caused by burn or bodily injury, within seven years of her marriage, and it is shown that before her death the victim was subjected to cruelty by her husband in connection with a demand for property or valuable security, such death shall be called :
a. Culpable homicide
b. Murder
c. Dowry death
d. None of the above
37. Court of small causes passed a decree for an amount of Rs.9,500/-. The unsuccessful defendant filed an appeal before the court of Senior Civil Judge. The appear has to be:
a. Heard after giving notice to the parties
b. Has to be heard ex-parte
c. Has to be rejected as appeal does not lie under section 96 of CPC
d. None of the above.
38. Plea for res judicata:
a. Has to be specifically raised
b. Need not be specifically raised
c. Is for the court to see of its own
d. Neither (a) nor (b) but only (c)
39. A decree for perpetual injunction can be executed by:
a. Detention of judgment debtor in civil prison
b. Attachment of property of judgment debtor
c. (a) and (b) are correct
d. None of the above.
40. Judicial Magistrate of First Class shall be subordinate to
a. Chief Judicial Magistrate
b. Sessions Judge
c. (a) & (b) are correct
d. None of the above
41. A court of session shall take cognizance of any offence as a court of original jurisdiction only when:
a. The case is suit by High Court
b. The case is moved by Public Prosecutor
c. The case has been committed to it by the Magistrate
d. Suo motu
42. When and what circumstances a Judicial Magistrate of First Class can add a person as accused in a criminal case?
a. After taking cognizance of the case and before framing a charge
b. During the course of an enquiry in the trial when it appears from the evidence
c. After framing of the charge and before the trial is commenced
d. None of the above
43. When a person required by any court to execute a bond is a minor can he be asked to do so?
a. He can be asked to execute a bond
b. Bond may be executed by a surety on behalf of the minor
c. Minor need not execute a bond
d. It is left the discretion of the court.
44. When an act is abetted and a different act is done, whether the abettor is liable?
a. Since the act done is different, he is not liable
b. He is liable in the same manner and to the same extent as if he abetted it
c. Since there is no intention to commit that act he is not liable
d. None of the above three
45. When an act is said to have been done dishonestly?
a. It is done with a intention to cause harm
b. It is done with an intention to cause wrongful gain, to one and wrongful loss to another
c. It is done with the knowledge
d. None of the above three
46. When a person is said to have “reason to believe”?
a. A prudent person believes it
b. If a person has sufficient cause to believe it
c. When it strikes to conscience
d. When it is appealing
47. Fact means and include?
a. Anything which can be perceived
b. The mental condition
c. Both (a) and (b)
d. None
48. Evidence means and include?
a. Oral evidence
b. Documentary evidence
c. Both (a) and (b)
d. None
49. Previous bad character in a criminal proceeding is relevant or not?
a. Relevant
b. Not relevant
c. To some extent relevant
d. None of the above
50. Can a warrant case be tried adopting summons procedure?
a. YES
b. NO
51. Can a court examine the accused under Section 313 of the Criminal procedure code at any stage of the trial before the evidence is closed
a. YES
b. NO
52. Can a case, which is not compoundable with or without the permission of the court, be compounded in the interest of justice?
a. YES
b. NO
53. Abduction is per se an offence?
a. YES
b. NO
54. Whether an accused charged with major offence can be convicted in the absence of a charge for minor offence if made out ultimately?
a. YES
b. NO
55. On 2nd January 2006, Shanmugam pretended to be in civil service and intentionally deceived Natarajan and thus dishonestly induced let him have goods on credit for with Shanmugam never intended to pay. Natarajan filed a complaint in the Court of judicial First Class Magistrate on 2nd Jan, 2008. Whether Magistrate can take cognizance of the offence and why?
a. Cognizance cannot be taken because no offence is committed
b. Cognizance cannot be taken because the complainant and accused are friends
c. Cognizance cannot be taken as it is barred by limitation under section 468(2)(b) of Cr.P.C.
d. Cognizance can be taken because the offence is cheating
56. Supplemental proceedings under CPC are:
a. Issue of warrant to arrest to defendant and direction to defendant to furnish.
b. Issue of summons to appear
c. Attach the property of defendant
d. None of the above
57. An application of restitution under section 144 of CPC would lie:
a. When the original plaintiff dies
b. When the original defendant dies
c. Where decree is varied or reversed in any appeal
d. None of the above
58. The offence of theft under section 379, 380 or 381 of Indian Panel Code where the value of the property does not exceed Rs.2000/- may be tried as:
a. Fast track case
b. Special case
c. Sessions case
d. By summary trial
59. What is the difference between Section 82 and 83 of IPC?
a. Both exempt children from IPC
b. Both deal with murder of juveniles
c. Both exempt a person of unsound mind
d. Section 82 deals with an act of unsound mind below 7 years of age and section 83 deals with an act done by a child above 7 years of age and below 12 years
60. Which of the following two considerations and objects of an agreement are lawful?
a. An agreements which is not fraudulent and is not forbidden by law
b. An agreements which is forbidden by law and fraudulent
c. An agreements which is opposed to public policy
d. None of the above
61. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in furtherance of common object, every member of such assembly is guilty of offence of _____.
a. Dacoity
b. Unlawful assembly
c. Rioting
d. None of these
62. Representative suit under order 1 rule 8 of CPC may be permitted by the court when:
a. Numerous persons belong to same family
b. Numerous persons have the same interest in one suit
c. Numerous persons are parties in another suit
d. None of the above
63. What is the extent of presumption that can be drawn in respect of a document which is 30 years old?
a. That it is true
b. That the document is duly executed and attested and handwriting and signature are that of the person purported to have signed or executed
c. The contents of the document are true
d. None of the above three
64. On who the legal burden lies?
a. He who asserts
b. The person who would fail if no evidence is adduced on either side
c. The person who denies
d. He who pleads exceptions
65. When a person is shown to have been alive within thirty years on whom the burden lies to show that he is dead?
a. Who denies the death
b. Who affirms the death
c. Always on the plaintiff
d. No burden is cast on anybody
66. Quantum meruit means
a. To the extent of the work done
b. Extent and quality
c. The amount involved
d. Neither of three clauses
67. What quantum of sentence of imprisonment a magistrate of first class can pass?
a. The magistrate can pass the sentence as prescribed under law
b. Imprisonment for a term not exceeding three years
c. Imprisonment for a term not exceeding five years
d. It is left to the discretion of the magistrate
68. What is the sentence of fine that can be passed by a magistrate of first class for an offence under section 138 of NI Act?
a. Rs.50,000/- as prescribed under the section’
b. Not exceeding of Rs.5,000/-
c. Discretion of the magistrate
d. There is no limit
69. Can a witness whose statement has been recorded by the investigating officer be asked to sign?
a. He shall not be required to be signed
b. The statement shall be signed
c. The statement shall be signed by the witness and attested by the investigating officer
d. None of the above three cases
70. What is a common intention?
a. An intention share by all
b. All the accused having similar intention
c. Thinking alike
d. None of the above three
71. How many persons constitute an unlawful assembly?
a. Any number of persons
b. Five or more persons
c. There is no limit
d. There must be two persons
72. When a robbery becomes dacoity?
a. Robbery is committed by arming with deadly weapons
b. When five or more persons conjointly commit robbery
c. If two persons commit robbery together
d. None of the above three
73. What area can be declared as metropolitan area?
a. Every city
b. Every corporation
c. A town whose population exceeds one million
74. Who can record a confession of an accused?
a. Any magistrate
b. A police officer on whom the power of the magistrate has been conferred
c. A judicial or metropolitan magistrate
75. What is a primary evidence?
a. Certified copy of the document
b. A photograph of an original
c. The document itself
76. What facts need not be proved?
a. The facts which can be taken judicial notice of
b. The fats admitted
c. Both
d. Neither (a) nor (b)
77. On whom the legal burden lies?
a. He who asserts
b. The person who would fail if no evidence is adduced on either side
c. The person who denies
78. When a person is shown to have been alive within thirty years on whom the burden lies to show that he is dead?
a. Who denies the death
b. Who affirms the death
c. Always on the plaintiff
79. Withdrawal of the complaint, results in
a. Discharge of the accused in cases where the charge has not yet been framed
b. Acquittal of the accused in cases where charge has already been framed
c. Acquittal of the accused irrespective of whether the charge has been framed or not
d. None of the above
80. In the case of a non-bail offence, bail granted by a Magistrate can be cancelled under section 437 (5) of Cr.P.C. by
a. The magistrate granting the bail
b. The court of sessions
c. The High Court
d. All of the above
81. The requirements of a valid warrant are:
a. It must be writing
b. It must be signed by the presiding officer of the court issuing warrant
c. It must bear the seal of the court
d. A few more are there
82. A confessional statement recorded under section 164 of Cr.P.C.
a. Cannot be used as a substantive evidence
b. Can be used as a substantive evidence without being formally proved
c. Cannot be used as a substantive evidence without being formally proved
d. None of the above
83. A promissory note executed in a foreign country made payable in India, as per Negotiable Instruments Act is
a. Hundi
b. Foreign Instrument
c. Inland Instrument
d. None of the above
84. If the amount stated in a negotiable instrument in figures is different from the amount stated in words:
a. The instrument is un enforceable
b. The amount mentioned in figures prevails
c. The amount mentioned in words prevails
d. None of the above
85. What is a cognizable offence?
a. Where police can arrest without warrant
b. Which the court can take cognizance
c. Where police has right to investigate
d. None of the above three
86. What is a police report?
a. Charge-sheet
b. Final report
c. Neither of clauses (a) and (b)
d. Report forwarded under sub-section (2) of sec.173.
87. Plaintiff can be given summons for serving on the defendant’s by virtue of ?
a) Order V, Rule 9A of CPC b) Order V, Rule 9 OF CPC
c) Order V, Rule 7 of CPC d) Order V, Rule 6 of CPC
88. A petition for review of judgement would lie only when ?
a) person partly obeyed the Judgment
b) an appeal is allowed by CPC but no appeal has been preferred
c) Petitioner deposits entire decreetal amount
d) leave of the court is obtained for filing Review
89. Suit for recovery of immovable property has to be filed?
a) where the cause of action arises
b) where the defendant resides and carries on business
c) The court within whose jurisdiction the property is situated
d) None of the above
90. Period of detention in civil prison in execution of decree for payment of sum not exceeding Rs.5000 is ?
a) not exceeding one month b) not exceeding four months
c) not exceeding three months d) not exceeding five months
91. If a new plaintiff or defendant is added as a party to shall be deemed to have been instituted by or against him?
a) On the date of service of summon on him
b) From the date of Institution of the Suit
c) As directed by the court
d) none of the above
92. Ordinarily , Preliminary decree is passed in ?
a) Mortgage suits and partition suits
b) Interpledary suits
c) Declaration and Injunction suits
d) Suits based on Negotiable Instruments
93. A police officer can arrest any person without warrant in ?
a) Cognizable offence b) Non-Cognizable Offence c) by court order d) in Civil cases
94. Section 148-A of C.P.C speaks about ?
a) Enlargement of time b) enforcement of Liability of Surety
c) Right to lodge a caveat c) Amendment of Judgement
95. Order 1 Rue 13 of CPC Explains about ?
a) Misjoinder and non-Joinder b) Suit in name of wrong plaintiff
c) Objections as to non-joinder and misjoinder d) none of the above
96. Which provision under C.P.C allows the party to a suit, can amend the Pleading?
a) Order VI, Rule 14 b) Order VI, Rule 15
c) Order VI, Rule 17 d) Order VI, Rule 18
97. State the correct Sequence:
a) Issues, Trial, Arguments, Pleadings, Decree, Judgement
b) Pleadings, Trial, Issues, Arguments, Decree, Judgement
c) Pleadings, Issues, Arguments, Trial, Judgment, Decree
d) Pleadings, Issues, Trial, Arguments, Judgement, Decree
98. Whether a principal of resjudicata applies to claim petition under Order 21,Rule 58 of CPC?
a) Yes b) No c) Depends on the situation d) discretion of the court
99. Constrictive Res judicata explained under the section……Of CPC?
a) section 11 (Explanation I)
b) Section 11 (Explanation II)
c) Section 11 (Explanation IV)
d) Section 11 (Explanation V)
100. CPC came in to force??
a) 1st Sep,1908
b) 1st Aug,1909
c) 1st Jan, 1908
d) 1st Jan 1909
Stages of Civil Suit
KEY STAGES OF CIVIL SUIT....
Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment which are as under :-
1) Institution of Suit
Order 4, 6 and 7
2) Issue of Summons
Order 5
3) Filing of Written Statement
Order 8
4) Examination of Parties
Order 10
5) Settlement of disputes
Section 89 & 89 AA
6) Discovery & Inspection
Order 11
7) Admission
Order 12
8) Production of Documents
Order 13
9) Framing of Issues
Order 14
10) List of Witness
Order 16
11) Summons to Witnesses
Order 16 R 1 (4)
12) Settling Date of Hearing
Order 16
13) Evidence of Parties
Order 18 R 4
r/w Order 17
----
14) Exhibition of Documents
Order 18 R 4 (1)
Proviso
15) Cross-examination by parties
Order 18 R 4 (2)
----
16) Arguments
Order 18 R 2 (3A)
----
17) Judgment
Order 20
Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.
Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time. If the table shown as above is effectively implemented then no prejudice is likely to be caused to either of the parties and it will be a milestone in disposing off the civil suit in a stipulated time and that too within the framework of law, respecting the intention of the legislature. Now it is for us to decide whether to follow the provisions or the practice while interpreting and implementing the provisions of amended code.
In the amended code most of the provisions contain time limits for a particular stage. Maximum of the provisions are mandatory in nature and in very few of them the discretion lies with the court.
1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code.
2. Plaintiff has to issue summons within 30 days from the institution of suit.
3. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code
4. No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code.
5. Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code.
6. If parties fail to compromise the matter then court has to keep the matter for discovery and inspection within the time span of 7 – 10 – 10 – 3 days, as per Order 11 of the code.
7. Then to adjourn the matter for admission within the time span of 15 days as per Order 12 of the code.
8. Then parties have to file the original documents prior to framing of issues within the time span of 7 days, as per Order 13 of the code.
9. Court has to frame the issues within 15 days as per Order 14 of the code.
10. Parties have to file the list of witnesses within 15 days from the date of framing of issues as per Order 16 of the code.
11. Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.
12. Parties have to settle the date of evidence as per Order 16 of the code.
13. Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.
14. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.
15. Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
16. Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per Order 16 R 1 (4) of the code.
17. Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.
18. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.
19. Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
20. Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per Order 18 R 2 (3A) of the code.
21. Court has to deliver judgment forthwith or on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1 of the code.