JCJ - Objective Question Bank - 1

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JCJ - OBJECTIVE QUESTION BANK - 1

1. Delivery of goods by one person to another for some purpose upon a contract that they shall when the
purpose is accomplished be returned or otherwise disposed of according to directions of persons deliver-
ing them is :
(a) Pledge (b) Agency (c) Bailment (d) Performance guarantee

2. Plaintiff can be given summons for serving on the defencdant(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

3. The provisions in Chapter XXIA of Cr.P.C ( Plea Bargaining ) shall apply to an accused only when :
(a) He is below 18 years of age (b) He is above 60 years
(c) When magistrate has taken cognizance (d) None of the above

4. Transfer of Property cannot be made without writing. This statement is legally :

(a) Not correct (b) Correct
(c) Can be made with permission of the court (d) None of the above

5. An agreement to do an act impossible itself is void :

(a) Cannot say (b) No (c) Yes (d) None of the above

6. Mr. ‘Z’, a citizen of Britain, committed an offence of murder on an Indian Ship in Atlantic Ocean. Now, the
I.P.C, can be made applicable to him under -
(a) Section 4 (b) Section 5
(c) Section 6 (d) I.P.C is not at all applicable to him

7. Article 22(2) of the Constitution of India mandates that a person who is arrested shall be produced before
a Magistrate within a period of 24 hours of such arrest. Which provision of Cr.P.C contains the similar
principle ?
(a) Section 56 (b) Section 167(1) (c) Section 57 (d) Section 303

8. Sections 451 and 452 of Cr.P.C. essentially deal with disposal of property by the Criminal Court. The
fundamental difference between the two is :
(a) There is no difference between the two provisions
(b) Both the provisions deal with release of property produced before the court
(c) Section 451 is attracted during enquiry or trial ; and section 452 is attracted after conclusion
of the Criminal Trial
(d) None of the above
9. Which section of Indian Evidence Act contains appropriate rule of evidence, when an accused is charged
with Criminal Conspiracy under Sec. 34 of I.P.C.
(a) Section 160 (b) Section 14 (c) Section 10 (d) Section 102

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10. A petition for review of Judgement would lie only when :
(a) person partly obeyed the judgement
(b) pertitioner deposits entire decreetal amount
(c) an appeal is allowed by CPC but no appeal has been preferred
(d) leave of the court is obtained for filing Review
11. 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 situate
d) None of the above

12. Suit for compensation for the wrong done to the persons or movables can be filed
a) Where the plaintiff resides b) Where the defendant resides
c) Where the plaintiff carries on business d) None of the above

13. A suit under Section 6 of the Specific Relief Act is not maintainable against
a) Landlord b) Real owner c) Government d) None of the above

14. Can an injunction restraining a person from instituting or prosecuting any judicial proceeding be granted?
a) Yes b) No
c) Only in specified cases it cannot be granted d) None of the above

15. Can an injunction preventing continuing breach in which plaintiff has acquiesced be granted?
a) Yes b) No
c) Only in specified cases it cannot be granted d) None of the above

16. When a cheque is crossed generally to whom can the banker on whom it is drawn, can pay the amount
a) To the payee b) To an endorsee
c) To a banker d) None of the above

17. A cheque drawn outside India made payable in India, as per Negotiable Instruments Act, is
a) A bill of exchange b) Inland instrument
c) Foreign instrument d) None of the above

18. What instrument amongst the following is a promissory note

a) I promise to pay B or order Rs. 5000.
b) I promise to pay B Rs. 5000 seven days after my marriage with C
c) I promise to pay B Rs.5000 on C’s death if he leaves me enough to pay that sum
d) None of the above
19. A bill of exchange is mature for payment
a) on the third day on which it is expressed to be payable
b) on the day on which it falls due
c) after issuance of notice demanding payment
d) none of the above

20. A holder of a promissory note deriving title from a holder in due course will have the same rights as
a) the holder b) the payee
c) the holder in due course d) none of the above
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21. Can an injunction restraining a person from instituting or prosecuting any judicial proceeding be granted?
a) Yes b) No
c) Only in specified cases it cannot be granted d) None of the above
22. A separate suit challenging the validity of a decree passed in a former suit between same parties or by the
parties litigating under the same title as to the place of suing
a) is maintainable b) is not maintainable
c) can be filed if such right is reserved in the earlier suit d) none of the above
23. In a suit for recovery of money filed in connection with a non-commercial transaction, the Court can
grant subsequent interest at :
a) any rate of its choice b) not exceeding 12% p.a.
c) not exceeding 6% p.a. d) none of the above
24. Period of detention in civil prison in execution of decree for payment of sum not exceeding Rs. 5,000 is
a) not exceeding one month b) not exceeding four months
c) not exceeding three months d) none of the above
25. In execution of a decree for maintenance the following can be attached
a) Half b) Two thirds c) One third d) None of the above
26. In a suit for partition all sharers are
a) Necessary parties b) Proper parties
c) Not necessary parties d) None of the above
27. Application for issue of summons for production of public authority can be filed
a) If application for certified copies of those documents is not complied with
b) Even without making an application for certified documents
c) After obtaining permission from District Court
d) None of the above
28. 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
29. In a suit by or against a corporation, pleading has verified on behalf of the corporation by
a) The Chairman b) The Managing Director
c) Any director or principal officer, who can depose the d) None of the above
30. Can the plaintiff seek attachment before judgment produce in possession of an agriculturist?
a) Yes b) No
c) Depends on the discretion of the Court d) None of the above

31. A police report under Section 173(2) of Cr.P.C must contain the particulrs such as :
(a) Name of the Police Officer, name of Investigating Officer and Police Station
(b) Inquest particulars, Post Mortem particulars and Doctor’s Name
(c) Name of the parties, names of suspects or accused and nature of information
(d) None of the above

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32. The following classes of Criminal Courts exist in the State of A.P. :
(a) Sessions Court, Judicial Magistrate’s Courts, Executive Magistrate’s Courts
(b) Executive Magistrate, Judicial Magistrate of Second Class, Judicial Magistrate of First Class
or Metropolitan Courts and Sessions Court
(c) Judicial Magistrate of First Class, Judicial Magistrate of Second Class
(d) High Court and Courts of Judicial Magistrate of First Class

33. Saroja was granted government land. She was dispossessed. She instituted suit against the Government
under Section 6 of Specific Relief Act, 1963, for recovering possession of the property. The Court re-
jected the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908. Whether rejection is
proper ?
(a) Yes, because suit under Section 6 against the Government would not lie
(b) Rejection of plaint is improper
(c) Plaintiff must be given opportunity to rectify the mistake
(d) None of the above

34. Plaint filed under Section 26 read with Order VII Rule 1 and written statement filed under Order VIII Rule
1 of CPC are “ pleadings ”.
(a) The above statement is correct (b) The above statement is not correct
(c) (a) & (b) are correct (d) None of the above

35. As per Section 4(2) of Cr.P.C offences under other laws are to be investigated :
(a) Under special law providing for offences.
(b) Under Cr.P.C subject to special enactment
(c) Under Evidence Act
(d) As per the orders of the District Court

36. In a suit for specific performance of agreement to sell immovable property, the plaintiff must aver and
prove the following :
(a) that plaintiff paid entire sale consideration
(b) that plaintiff obtained clearance from all authorities
(c) that plaintiff obtained encumbrance certificate
(d) that plaintiff is ready and willing to perform his part of the contract
37. Parliament of India amended Transfer of Property Act substituting new Section 106 for old Section 106
by amendment :
(a) Act No. 2 of 2003 (b) Act No. 3 of 2003
(c) Act No. 3 of 2002 (d) Act No. 1 of 2002
38. The punishment for an offence of rape shall be not less than 7 years. But, what is the minimum punish-
ment if a Police Officer commits rape under the circumstances described in Section 376(2) of the I.P.C -
(a) Life imprisonment (b) Death Sentence
(c) 10 years (d) None of the above
39. Which one of the following statements is not correct ?
(a) Judicial Magistrate of First Class grant anticipatory bail
(b) High Court and Sessions Court can grant anticipatory bail
(c) Only a magistrate nominated by Sessions Judge can record a confession
(d) A Trial Magistrate cannot purchase crime property
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40. As per I.P.C, a document whereby any legal right is created, extended, restricted or released, is :
(a) Conveyance Deed (b) Gift deed
(c) Will (d) Valuable Security

41. A contract entered into by playing fraud is

a) valid b) void c) voidable d) none of the above
42. Agreements entered into to perform acts forbidden by law are
a) valid b) void c) voidable d) none of the above
43. An agreement to do an act, which according to the Court would be immoral or opposed to public policy,
is
a) valid b) void c) voidable d) none of the above
44. An agreement made without consideration is
a) valid b) void c) voidable d) none of the abc ve
45. An agreement in restraint of trade is
a) valid b) void c) voidable d) none of the abc ve
46. An agreement in restraint to legal proceedings is
a) valid b) void c) voidable d) none of the above
47. An agent enters into a contract for purchase of goods in India on behalf of a merchant residing abroad.
The merchant abroad fails to pay for the goods received by him. Can the agent in India be proceeded
against by the vendor?
a) Yes b) No
c) Only if there is a specific understanding in that behalf d) None of the above
48. Can an agent, acting on behalf of an undisclosed principal, be proceeded against personally?
a) Yes b) No c) Only in certain type of cases d) None of the above
49. An agent acts beyond the scope of his authority. Part of it which is within the authority can be separated
from the other part which is beyond his authority. Does the act within the authority of the agent bind the
principal?
a) Yes b) No c) Only in certain type of cases d) None of the above
50. Can a principal revoke the authority given to the agent, without the consent of the agent?
a) Yes b) No
c) Only after obtaining order from the District Court d) None of the above
51. Can the court order appointment of commissioner suo motu?
(a) Yes, if it finds-it just and convenient (b) No, it cannot
(c) It depends on the discretion of the Court (d) None of the above
52. When Court grants an ex-parte injunction without notice to the opposite party, the application has to be
disposed of on merits within 30 days
(a) From the date on which the respondent appears
(b) From the date on which summons are served on the respondent
(c) From the date of the order of injunction
(d) None of the above
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53. When is the document deemed to be admitted in evidence?

(a) When it is noted in the deposition as marked
(b) When the Judge initials the endorsement on the document
(c) When the document is shown to the witness
(d) None of the above
54. A money decree can be executed by the following modes:
(a) By attachment and sale of property (b) By arrest and detention of Judgment debtor
(c) Both (a) & (b) (d) None of the above
55. Dismissal in default is not a decree-
(a) True (b) Partly true (c) False (d) None of the above
56. Jurisdiction of courts can be distributed on the basis of -
(a) Pecuniary jurisdiction (b) Subject-matter jurisdiction
(c) Territorial Jurisdiction (d) All the above
57. Jurisdiction of Civil court can be barred-
(a) Impliedly (b) Expressly
(c) Either expressly or Impliedly (d) None of the above

58. A judgment contains-

(a) Concise statement of the case
(b) The decision on the point of determination and the reason thereof
(c) The point for determination (d) All the above
59. ‘Mesne profits’ means those profits which the perfeon in wn possession of such property actually
received or might have received or have received together with interest
(a) True (b) Partly True (c) False (d) None of the above
60. If a document, which ought to be produced in the court along wit i the pleadings, is not produced, at the
hearing of the suit the same shall not be received in evidence on behalf of -
(a) The defendant (b) The plaintiff
(c) Either party (d) A third party

61. Which of the contracts cannotbe specifically enforced ?

(a) Contract which is determinable and contract for the non-performance of which money can
be paid
(b) Contracts which are invalid
(c) Contracts to which government is party
(d) None of the above

62. Ordinarily, preliminary decree is passed in :

(a) Mortgae suits and Partition suits (b) Interpleader suits
(c) Declaration and Injunction suits (d) Suits based on Negotiable Instruments

63. Ordinarily an agent cannot lawfully employ another to perform acts which he has expressly or impliedly
undertaken to perform personally. Whether this statement is correct ?
(a) No (b) Yes
(c) Subject to certain conditions yes (d) None of the above

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64. Under Order XV-A of CPC as amended by A.P. High Court, in a suit for eviction by landlord, the tenant
shall have to :
(a) Take permission of the Court to file written statement
(b) Deposit arrears of rent at admitted rate and continue to deposit
(c) Seek set off
(d) None of the above

65. First Information Report means :

(a) Complaint made to magistrate
(b) Complaint filed under Section 199(1) or Cr.P.C.
(c) Information given to Superintendent of Police
(d) Information relating to commission of cognizable offence given to an officer incharge of
Police Station

66. Under the Protection of Women from Domestic Violence Act, 2005, a Magistrate in addition to passing
protection orders and residence orders, may also pass the following :
(a) Injunction order prohibiting sale of the property
(b) Custody orders and Compensation orders
(c) Order of Contempt
(d) None of the above

67. Who is the person competent to compound an offence of Criminal Trespass under Section 447, IPC ?
(a) The person who gave complaint of trespass
(b) The person in possession of property trespassed upon
(c) Investigating Officer
(d) None of the above

68. If wife is aggrieved by an offence of bigamy, Magistrate can take cognizance of the offence only :
(a) when wife gives complaint
(b) when the complaint is given on behalf of wife, by father, mother and brother
(c) based on FIR
(d) (a) & (b) are correct

69. For taking cognizance of an offence committed by a public servant while acting in the discharge of his
official duty, the essential requisite is :
(a) Accused must be within the jurisdiction of the Court
(b) Accused must be Gazatted Officer
(c) Previous sanction of the Government is required
(d) None of the above

70. What is the meaning of usage transaction is hit by lispendens ?

(a) Subject matter of suit ( property ) was transferred during pendency of suit
(b) Court is not competent to deal with the property
(c) Property was transferred without authority of Court
(d) None of the above
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71. Can the principal revoke the authority after the agent partly exercises the authority?
a) Yes b) No
c) Only after obtaining order from the District Court d) None of the above
72. Is consideration necessary for creation of agency
a) Yes b) No
c) Not in all cases d) None of the above
73. A memorandum of appeal should be accompanied by
a) Certified copy of the judgment b) Certified copies of pleadings
c) Certified copies of depositions d) None of the above

74. Decree includes:

a) An order rejecting the plaint b) An appealable order
c) Order of dismissal of the suit for defaultd) None of the above

75. ‘Former suit’ used in Section 11 of CPC means

a) suit instituted and numbered earlier to the one that is to be decided
b) suit decided prior to the suit to be decided
c) suit instituted earlier but numbered later to the suit to be decided
d) None of the above

76. Objection relating to place of suing can be taken

a) Even at the appellate stage b) At any time during trial
c) Before settlement of issues d) None of the above

77. Objection relating to the competence of the Court with reference to pecuniary limits of its jurisdiction can
be taken?
a) even in appellate stage b) before closure of trial
c) before settlement of issues d) None of the above

78. Separate suit challenging the validity of a decree passed in a former suit between same parties or by the
parties litigating under the same title as to the place of suing
a) is maintainable
b) is not maintainable
c) can be filed if such right is reserved in the earlier suit
d) none of the above

79. In a suit for recovery of money arising out of a commercial transaction Court can grant subsequent
interest at the rate
a) of its choice b) not exceeding the contractual rate of interest
c) not exceeding 6% p.a. d) none of the above

80. Questions relating to execution, discharge or satisfaction of the decree have to be determined
a) by a separate suit
b) by the Court executing the decree only
c) by way of a writ petition in the High Court
d) none of the above

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81. Where a person who is a necessary party to the suit has not been joined as a party; it is a case of-
(a) Mis-joinder (b) Non-joinder
(c) Both (a) and (b) (d) None of the above

82. The legal plea of limitation needs to be pleaded.

(a) True (b) Partly True (c) False (d) None of the above

83. A set-off can be claimed-

(a) In a recovery of money suit only (b) In any suit
(c) Either (a) or (b) (d) None of the above

84. An ex- parte decree can be set-aside on the ground of-

(a) Non-appearance due to non-availability of documents with the plaint
(b) Summons not served
(c) Being prevented from appearance
(d) Both (b) and (a)
85. Any document can be received at a later stage, if the genuineness of the document is-
(a) Beyond doubt but is not relevant to decide the real question in controversy
(b) Disputed and is not relevant to the matter in controversy
(c) Beyond doubt and is relevant to decide the real question in controversy
(d) None of the above
86. In case of a joint decree, the application for execution must be applied for -
(a) By one decree holder (b) By all the decree holders
(c) By more than one decree holders (d) Either by one more or all the decree holders
87. An arrest warrant before judgment against a defendant can be issued if the defendant -
(a) Removes the property outside the local limits of the jurisdiction of the court
(b) Has absconded or left the local limits of the jurisdiction of the court
(c) Is absconded or left the local limits of the jurisdiction of the court
(d) All the above
88. A contract entered into by playing fraud is
(a) Valid (b) Void (c) Voidable (d) None of the above
89. Agreements entered into to perform acts forbidden by law are
(a) Valid (b) Void (c) Voidable (d) None of the above
90. An agreement without consideration is
(a) Valid (b) Void (c) Voidable (d) None of the above

91. Ramaiah and Laxmaiah jointly owe Rs. 10,000 to Sattaiah. Ramaiah pays the amount to Sattaiah. Laxmaiah
not knowing this fact again pays Rs. 10,000 to Sattaiah. In law he is bound to repay the amount to
Laxmaiah. Which provision of Indian Contract Act, 1872, contains the principle ?
(a) Section 73 (b) Section 83 (c) Section 93 (d) Section 72

92. Which are the incidental proceedings under CPC ?

(a) Issue of summons and warrants (b) Issue of orders for restitution
(c) Issue of commission and issue of letter of request (d) None of the above

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93. Which of the amendment Acts brought out drastic changes in Civil Procedure ?
(a) CPC ( Amendment ) Act, 2002 (b) CPC ( Amendment ) Act, 1999
(c) CPC ( Amendment ) Act, 1976 (d) All of the above

94. Sections 30 to 32 of CPC deal with :

(a) Institution of Suits
(b) Costs and Compensatory Costs
(c) Courts power to order discovery and impose penalty for default
(d) Power of attach suit property

95. Clerical or arithmetical mistakes in Judgements, Decrees or Orders, can be corrected by the Court when :
(a) Such mistakes are found
(b) Such mistakes are due to accidental slip or omission
(c) Where the inherent power is invoked
(d) None of the above

96. Ramaiah borrows Rs. 10,000 from Laxmaiah. Sattaiah promises to discharge the liability in case of
Laxmaiah’s default. In this contract what is the status of these parties.
(a) Laxmaiah and Sattaiah are debtors and Ramaiah is creditor
(b) Ramaiah is creditor and Laxmaiah is debtor. Sattaiah is third party
(c) Ramaiah is creditor, Laxmaiah is principal debtor and Sattaiah is surety
(d) None of the above

97. A registered document shall operate -

(a) after expiry of four months from the date of registration
(b) from the date of its registration
(c) from the time from which it would have commenced to operate if no registration is required
(d) None of the above

98. Any area in the State comprising a city or town whose population exceeds two million shall be metropoli-
tan area ?
(a) Above statement is correct as per Section 8 of Cr.P.C
(b) Above statement is correct as per Section 2(k) of Cr.P.C
(c) Above statement is correct as per AP Metropolitan Areas Act
(d) Above statement is not correct as per Section 8 of Cr.P.C

99. Definition of wrongful gain is as follows :

(a) loss by unlawful means of property to which person is entitled
(b) gain by unlawful means of property to which person is not legally entitled
(c) gaining wrongfully and losing wrongfully
(d) gaining dishonenstly

100. What is the maximum punishment for an offence of criminal intimidation if the threat by the accused is to
cause death or grievous hurt ?
(a) two years (b) two years and / or fine
(c) seven years and / or fine (d) seven years
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