JCJ Model Papers

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INDIAN CONTRACT ACT, 1872
1. An agreement enforceable at law is a
(a) enforceable acceptance
(b) accepted offer
(c) approved promise
(d) contract
2. Every promise and every set of promises, forming the consideration for each other, is an
(a) agreement
(b) contract
(c) offer
(d) acceptance.
3. Promises which form the consideration or part of the consideration for each other are called
(a) reciprocal promises
(b) cross offers
(c) conditional offer
(d) conditional promises.
4. An agreement not enforceable by law is stated to be void under
(a) section 2(d)
(b) section 2(e)
(c) section 2(f)
(d) section 2(g).
5. Void agreement signifies
(a) agreement illegal in nature
(b) agreement not enforceable by law

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(c) agreement violating legal procedure
(d) agreement against public policy.
6. Offer as defined under section 2(a) is
(a) communication from one person to another
(b) suggestion by one person to another
(c) willingness to do or abstain from doing an act in order to obtain the assent of other thereto
(d) none of the above.
7. Under section 2(b) if the person to whom the proposal is made signifies his assent the proposal is said to
have been
(a) accepted
(b) agreed
(c) provisionally agreed
(d) tentatively accepted.
8. A proposal when accepted becomes
(a) promise under section 2(b)
(b) agreement under section 2(e)
(c) contract under section 2(h)
9. When, at the desire of the promisor, the promisee or any other person has done or abstained from doing
or, does or abstain from doing or promises to do or to abstain from doing something, such act or
abstinence or promise under section 2(d) is called
(a) reciprocal promise
(b) consideration for the promise
(c) counter offer
(d) acceptance.
10. Promises which form the consideration or part thereof, for each other under section 2(F) are called
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(a) acceptances for different proposals
(b) agreements
(c) reciprocal promises
(d) consideration.
11. Every promise or set of promises forming the consideration for each other under section 2(e) is called
(a) reciprocal promise
(b) contract
(c) agreement
12. An agreement enforceable by law at the instance of one party & not of other party under section 2(i) is
called
(a) a valid contract
(b) an illegal contract
(c) void contract
(d) a voidable contract.
13. Which is correct
(a) proposal + acceptance = promise
(b) promise + consideration = agreement
(c) agreement + enforceability = contract
(d) all the above.
14. In a valid contract, what comes first
(a) enforceability
(b) acceptance
(c) promise
(d) proposal.
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15. Under section 2(c) promisor is the
(a) person who makes the proposal
(b) person who accepts the proposal
(c) person who makes the promise
(d) person to whom the proposal is made.
16. Under section 2(c) promisee is the
(a) person who makes the proposal
(b) person who accepts the proposal
(c) person who makes the promise
(d) person to whom proposal is made.
17. Goods displayed in a shop with a price tag is an
(a) offer
(b) invitation to offer
(c) counter offer
18. Tender is
(a) an offer
(b) an invitation to offer
(c) a counter offer
(d) a promise.
19. Communication of a proposal is complete
(a) when it is put in the course of transmission
(b) when it comes to the knowledge of the person to whom it is made
(c) when the proposal is communicated to the person to whom it is made
(d) all the above.

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20. Communication of acceptance is complete as against the proposer
(a) when it comes to the knowledge of the proposer
(b) when it is put in the course of transmission to him so as to be out of power of the acceptor
(c) when the acceptance is communicated to the proposer
(d) all the above.
21. Communication of acceptance is complete as against the acceptor
(a) when it comes to the knowledge of the proposer
(b) when it is put in the course of transmission
(c) when it is communicated to the acceptor that the acceptance has reached the proposer
(d) when the proposer conveys the acceptance to the acceptor.
22. Revocation of offer by letter or telegram can be complete
(a) when it is despatched
(b) when it is received by the offeree
(c) when it reaches the offeree
(d) both (a) and (c).
23. Acceptance to be valid must
(a) be absolute
(b) be unqualified
(c) both be absolute & unqualified
(d) be conditional.
24. A contract with or by a minor is a
(a) valid contract
(b) void contract
(c) voidable contract
(d) voidable at the option of either party.

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25. A contract which ceases to be enforceable by law becomes void
(a) when it ceases to be enforceable
(b) before it ceases to be enforceable
(c) no such condition necessary
(d) none of above.
26. An acceptance can be revoked
(a) at any time before the communication of acceptance is complete as against the promisee
(b) after its acceptance comes to the knowledge of the promisee
(c) both (a) & (b)
(d) neither (a) nor (b).
27. A proposal stands revoked
(a) by communication of notice of revocation by the proposer
(b) by failure of acceptor to fulfil a condition precedent
(c) by death or insanity of proposer to the knowledge of acceptor
(d) all the above.
28. A proposal can be accepted
(a) by notice of acceptance
(b) by performance of condition of proposal
(c) by acceptance of consideration for a reciprocal promise
(d) all the above.
29. Enforceable agreements are the one
(a) made by free consent
(b) parties to the contract are competent to enter into an agreement
(c) having lawful consideration & lawful object
(d) all the above.

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30. Competency to contract relates to
(a) age of the parties
(b) soundness of mind of the parties
(c) both age & soundness of mind
(d) intelligence of the parties.
31. Which one of the following is correct
(a) past consideration is no consideration
(b) consideration can be past, present or future
(c) consideration can only be present
(d) consideration can only be present & future.
32. Past consideration is valid in
(a) England only
(b) India only
(c) both in England & India
(d) neither in England nor in India.
33. An agreement not to raise the plea of limitation is
(a) valid & binding
(b) void
(c) voidable
(d) illegal.
34. A letter of acceptance sent by post is lost in transit
(a) there is a concluded contract as the letter of acceptance is put in the course of transmission
(b) there is no concluded contract as the acceptance has not come to the knowledge of the proposer
(c) there is no concluded contract as the acceptance has not been communicated to the proposer
(d) all the above.

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35. When the consent to the contract is caused by coercion, the contract under section 19 is
(a) valid
(b) voidable
(c) void
(d) illegal.
36. A's son forged B's name to a promissory note. B under threat of prosecuting A's son obtains a bond
from A for the amount of the forged note. If B sues on this bond the court
(a) has no jurisdiction in this case
(b) must not set aside the bond
(c) may set aside the bond
(d) none of above.
37. When the consent is caused by misrepresent-tation, the contract under section 19 is
(a) valid
(b) void
(c) voidable
(d) illegal.
38. When the consent is caused by undue influence, the contract under section 19A is
(a) valid
(b) void
(c) voidable
(d) illegal.
39. Where both the parties are under mistake as to matter of fact, the contract under section 20 is
(a) voidable
(b) void
(c) valid
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(d) illegal.
40. Where one of the parties is under a mistake as to matter of fact the contract is
(a) valid
(b) void
(c) voidable
(d) illegal.
41. Considerations & objects are unlawful where it is
(a) forbidden by law or defeat the provision of any law
(b) which is fraudulent
(c) which is immoral & against the public policy
(d) all the above.
42. If only a part of the consideration or object is unlawful, the contract under section 24 shall be
(a) valid
(b) voidable
(c) void
(d) illegal.
43. A contract without consideration under section 25 is
(a) valid
(b) voidable
(c) void
(d) illegal.
44. Consideration should be something in return of promise which
(a) both the law and parties regard, as having some value
(b) only law regards a having some value
(c) only the parties regard some value

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(d) only adequate value necessary.
45. If the proposer prescribes the mode & manner of acceptance, the acceptance
(a) can be in any manner & mode
(b) should be in the manner & mode prescribed
(c) can be in any reasonable mode & manner
(d) all the above.
46. Parties are not competent to contract if any of them is
(a) minor
(b) insane
(c) declared unqualified
(d) all the above.
47. Consent is free under section 14 if not caused by
(a) coercion & undue influence
(b) fraud and misrepresentation
(c) mistake subject to the provisions of sections 20, 21 and 22
(d) all the above.
48. Consent under section 13 means
(a) agreeing on the same thing in the same sense
(b) agreeing on the same thing at the same time
(c)agreeing on the same thing at different time
(d) agreeing on different things at different times.
49. A contract which is valid initially however, ceases to be enforceable subsequently, the contract
(a) remains valid
(b) becomes voidable when enforceable
(c) becomes void when it enforceable

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(d) becomes void since inception.
50. Agreements, the meaning of which is not certain or not capable of being made certain under section 29
is
(a) void
(b) voidable
(c) illegal
(d) valid
51. An agreement in restraint of trade under section 27 is
(a) valid
(b) voidable
(c) void
(d) unenforceable
52. An agreement restraint of trade is valid under section 27 if relates to
(a) sale of goodwill
(b) mutual adjustment
(c) business contingency
53. An agreement not to pursue any legal remedy to enforce the rights under section 28 is
(a) valid
(b) voidable
(c) void
(d) unenforceable.
54. An agreement not to persue legal remedies but to refer the dispute to the arbitrator, under section 28 is
(a) valid
(b) voidable
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(c) void
(d) unenforceable.
55. An agreement to refer the dispute to the arbitrator is valid

(a) in respect of disputes already arisen
(b) in respect of disputes which may arise in future
(c) both (a) & (b)
(d) neither (a) nor (b)
56. An agreement by way of wager under section 30 is
(a) void
(b) voidable
(c) valid
(d) unenforceable
57. An agreement in connection with horse- racing under section 30 is
(a) unlawful
(b) void
(c) voidable
(d) valid.
58. An agreement in restraint of marriage under section 26 is
(a) void
(b) voidable
(c) valid
(d) unenforceable
59. If only a part of the consideration or object is unlawful, the contract under section 24 shall be
(a) valid to the extent the same are lawful
(b) void to the extent the same are unlawful
(c) void as a whole
(d) valid as a whole.

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60. An agreement shall be void on account of
(a) mistake of fact by one party
(b) mistake of fact by both the parties
(c) mistake of foreign law
(d) both (a) & (b).
61. Coercion which vitiates free consent under section 15 is
(a) committing or threatening to commit any act which is forbidden by law
(b) committing or threatening to commit any act which is forbidden by Indian Penal Code
(c) unlawful detaining or threatening to detain any property with an intention to causing any person to enter into an
agreement
(d) all the above.
62. What is correct of a standard form contract
(a) it is a valid contract
(b) one party has no choice but to accept & sign the contract
(c) both (a) & (b)
(d) the consent is not a free consent.
63. Law of contract primarily
(a) specifies the circumstances in which promises are binding on the parties to the contract
(b) lays down certain norms by which the parties are bound
(c) lays down the circumstances under which a promise may be made
(d) all the above.
64. Misrepresentation under section 18 means
(a) a positive assertion, in a manner not warranted by the information of the person making it, not true but he believes it to
be true
(b) any breach of duty, which gains an advantage to the person committing it, by misleading another to his prejudice
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(c) causing a party to make an agreement to make a mistake as to the subject matter of contract
(d) all the above.
65. A person is deemed to be in a position to dominate the will of another by undue influence if the mental
capacity is affected temporarily or permanently by
(a) reason of age
(b) reason of illness
(c) mental or bodily distress
(d) all the above.
66. An agreement to remain unmarried is
(a) valid
(b) voidable
(c) void
(d) unenforceable.
67. A general offer open for world at large can be accepted
(a) by sending a communication of acceptance
(b) by complying with the conditions of offer
(c) by tendering himself to comply the conditions of offer
68. The term consensus ad-idem means
(a) general consensus
(b) reaching an agreement
(c) meeting of minds upon the same thing in( the same sense
(d) all the above.
69. Which one of the following does not amount to fraud
(a) suggestion as a fact which is not true, by one who does not believe it to be true
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(b) active concealment of a fact
(c) a representation made without knowing it to be false, honestly believing it to be true
(d) a promise made without any intention of performing it.
70. Contract without consideration made in writing & registered and made on account of natural love and
affection is
(a) void
(b) voidable
(c) valid
(d) unenforceable.
71. Inadequacy of consideration does not make the contract
(a) void
(b) voidable
(c) unenforceable
(d) neither void nor voidable.
72. Inadequacy of consideration is relevant in determining the question of
(a) fraud
(b) misrepresentation
(c) undue influence
(d) free consent.
73. Agreement without consideration is valid
(a) when made out of love & affection due to near relationship
(b) when made to compensate a person who has already done something voluntarily
(c) when made to pay a time barred debt
(d) all the above.
74. A contract based on the happening or non- happening of a future event under section 31 is called
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(a) a contingent contract
(b) a wagering contract
(c) a contract marked with uncertainty and hence void
75. A contingent contract to do or not to do anything on the happening of an uncertain future event under
section 32
(a) is never enforceable
(b) becomes enforceable only on the happening of that event
(c) enforceable since the time of making it
(d) becomes enforceable in the immediate possibility of happening of that event.
76. A contingent contract
(a) is void
(b) never becomes void
(c) becomes void when the event becomes impossible
(d) is voidable.
77. A contingent agreement based on an impossible event under section 36
(a) is void
(b) is void till the impossibility is known
(c) becomes void on the knowledge of impossibility
(d) all the above.
78. What is true of misrepresentation
(a) it is the same thing as fraud
(b) it renders the contract voidable
(c) it may be due to innocence
(d) both (b) & (c).

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79. Two persons have the capacity to contract under section 11
(a) if both are major
(b) if both are not of unsound mind
(c) if none is declared unqualified to contract
(d) all are correct.
80. A contract with minor is
(a) voidable at the instance of the minor
(b) voidable at the instance of other party
(c) void
(d) valid.
81. An agreement to do an act impossible in itself under section 56 is
(a) void
(b) valid
(c) voidable
(d) unenforceable.
82. A contingent contract based on the specified uncertain event happening within a fixed time under
section 35
(a) remains valid even if the event does not happen within that fixed time
(b) becomes void at the expiration of the time fixed
(c) becomes void if the happening of that event becomes impossible before the expiry of time fixed
(d) both (b) & (c).
83. A contingent contract based on the specified uncertain event not happening within a fixed time under
section 35
(a) can be enforced if the event does not happen within the time fixed
(b) can be enforced if before the expiry of time fixed, it becomes certain that such an event shall not happen
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(c) cannot be enforced at all, being void
(d) both (a) & (b).
84. A promisor can perform
(a) the promise himself
(b) the promise through his representa-tive competent to perform
(c) the promise through his representa-tive irrespective of the competency of that representative
(d) both (a) & (b).
85. A promisee can accept the performance (a) from the promisor himself
(b) from the representative of the promisor competent to perform
(c) from a third person
(d) all the above.
86. In case of joint promise, generally the performance must be by
(a) all the promisors jointly
(b) any one of them individually
(c) one not authorised to perform
87. In cases of joint promise generally a promisee can compel
(a) all the joint promisors to perform
(b) any one of them to perform
(c) some of them to perform
(d) all the above.
88. Generally, the joint promisors can
(a) compel each other to contribute equally
(b) not to compel each other to contribute equally
(c) cannot compel each other to contribute

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89. Where one of the joint promisors makes a default in contribution of performance
(a) the other joint promisors have no right against the defaulter
(b) have to bear the loss in equal share
(c) not supposed to bear the loss
(d) the contract becomes void to that extent.
90. In case of default by joint promisors the promisee
(a) can sue any one of them for the entire promise
(b) can sue any one of them to the extent of his share in the joint promise
(c) both (a) & (b)
(d) cannot sue any single promisee.
91. In case of death of a joint promisor(s) the promisee
(a) can enforce the contract against the survivor(s) of the said joint promisor(s) alongwith the joint promisors who are alive
(b) cannot enforce the contract against the survivor(s) of the said joint promisor(s)
(c) both (a) & (b)
(d) cannot enforce the contract against any of them.
92. In a contract not specifying the time for performance, the promisor can perform the contract
(a) within any time howsoever long it may be
(b) within the shortest time
(c) within a reasonable time
93. What is a reasonable time for performance of a contract
(a) is a question of fact
(b) is a question of law
(c) is a mixed question of fact & law

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(d) is a question of prudence.
94. A contract not specifying the place of performance
(a) performed at any place to the knowledge of the promisee
(b) the promisor has to apply to the promisee for appointment of a place of performance & perform the promise at that place
(c) the promisor need not seek any instructions from the promisee as to the place of performance
(d) the promisor can perform the promise at a place other than the place appointed by the promisee.
95. In case the promisee prescribes the manner and time of performance of promise
(a) the performance must be in the manner and at the time prescribed
(b) the performance can be in a different manner but at the time prescribed
(c) the performance can be in the manner prescribed but at a time beyond the time prescribed
(d) the performance need not be in the manner and time prescribed.
96. If the time of performance of the contract is the essence of the contract and the promisor fails to
perform the contract by the specified time
(a) the contract becomes void
(b) the contract remains valid
(c) the contract becomes voidable at the instance of the promisee
(d) the contract becomes unenforceable.
97. If the time is not the essence of the contract the failure to perform the contract by the specified time
makes the contract
(a) void
(b) voidable at the instance of the promisee
(c) remains valid but the promisee can claim compensation for the loss suffered by him by such failure
(d) remains valid & can be performed at any subsequent time without being liable for the loss suffered by the promisee.
98. In contract for sale of immovable property the presumption is that the time is
(a) the essence of the contract

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(b) not the essence of the contract
(c) the essence of the contract but failure does not make the contract voidable
(d) not the essence of the contract but makes the contract voidable at the instance of the other party.
99. Reciprocal promises provide for doing certain things which are legal & certain others which are illegal,
under section 57
(a) the entire set of promises is void
(b) the first set is voidable, but the second set is void
(c) the first set is valid but the second set is void
(d) the entire set of promises is valid.
100. A contract, performance of which becomes impossible or unlawful becomes
(a) void when the performance becomes unlawful or impossible
(b) void
(c) voidable when the performance becomes impossible.
(d) neither becomes void nor voidable

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INDIAN EVIDENCE ACT, 1872
1. The Indian Evidence act into force on
a) 06 Oct 1860 b) 01 Mar 1974
c) 15 Mar 1872 d) 01 Sep 1872 Ans:d
2. The Indian Evidence act enacted in

a) 06 Oct 1860 b) 01 Mar 1974
c) 15 Mar 1872 d) 01 Sep 1872 Ans:c
3. The Indian Evidence act 1872 Consists
a) 167 Sections, 11 chapters
b) 511 Sections, 23 chapter
c) 156 Sections, 3 Schedules
d) None of these Ans:a
4. The Indian Evidence act 1872 was drafted by
a) Sir James F. Stephen b) Macaulay
c) Lilly d) None of these Ans:a
5. The Indian Evidence act 1872 extends to

a) Whole India
b) Whole India except Nagaland , tribal area & Jammu and Kashmir
c) Whole India except Nagaland , tribal area
d) Whole India except Jammu and Kashmir Ans:d (1)

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6. Facts means and include

a) Any thing, state of things, or relation of things, capable of being perceived by the senses
b) Any mental condition of which any person is conscious.
c) Both the A and B
d) Neither A nor B Ans:c(3)
7. Facts can be
(a) Physical facts
(b) Psychological facts
(c) Physical as well as psychological facts
(d) Only physical facts & not psychological facts. Ans:c

8. The law of evidence consists of
(a) Ordinary rules of reasoning (b) Legal rules of evidence
(c) Rules of logic (d) All the above. Ans:b
9. Indian Evidence Act applies to

(a) Proceedings before tribunals (b) Proceedings before the arbitrator
(c) Judicial proceedings in courts (d) All the above. Ans:c
10. Law of evidence is

(a) Lex tallienis (b) Lex fori
(c) Lex loci solutionis (d) Lex situs. Ans:b

(a) Substantive law (b) An adjective law
(c) Both (a) & (b) (d) Neither (a) nor (b). Ans:b
12. Under the Evidence Act, fact means

(a) Factum probandum
(b) Factum probans
(c) Both factum probandum and factum probans
(d) None of the above. Ans:c
13. Fact in issue means

(a) Fact, existence or non-existence of which is admitted by the parties
(b) Fact, existence or non-existence of which is disputed by the parties
(c) Fact existence or non-existence of which is not disputed by the parties
(d) All the above. Ans:b

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14. Evidence under the Indian Evidence Act means & includes
(a) Ocular evidence
(b) Documentary evidence
(c) Ocular and documentary evidence both
(d) Ocular evidence based on documents only. Ans:c
15. Mark the correct option
a) Documents means any matter expressed or described upon any substance b means of letter, figures or marks.
b) Words printed, lithographed or photographed are documents
c) A map or plan is a document
d) An inscription on a metal plate or stone and caricature are documents.
e) All the above Ans:e(3)
16. Mark the correct option
a) All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact
under inquiry such statements are called oral evidence
b) All documents including electronic records produced for the inspection of the court called as documentary evidence
c) Both the A and B are correct
d) Neither A nor B are correct. Ans:c
17. After considering the matters before it, the Court either believes it to exist that fact is said to be
a) Not proved b) Disapproved
c) Proved d) None of these Ans:c(3)
18. After considering the matters before it, the Court either believes that it does not exist, or considers
its non-existence that fact said to be
c) Proved d) None of these Ans:b(3)
19. A fact neither proved nor disproved is known

c) Proved d) None of these Ans:a(3)
20. Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact
as proved, unless and until it is disproved, or may call for proof of it
a) May presume b) Conclusive proof
c) Shall presume d) None of these Ans:a(4)

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21. Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as
proved, unless and until it is disproved
c) Shall presume d) None of these Ans:c(4)
22. When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of
the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of
disproving it
c) Shall presume d) None of these Ans:b(4)
23. Which one of the following is not included in expression court under Indian Evidence Act
a) All Judges b) All Magistrates
c) All persons legally authorized to take evidence d) Arbitrator Ans:d
24. That there are certain objects arranged in a certain order in a certain place-
a) Is a fact b) Is an opinion
c) Is a document d) Is a motive Ans:a(3)
25. A inscription on metal plate or stone

a) Is a fact b) Is a document
c) Is an opinion d) Is a motive Ans:b(3)
1. Indian Evidence Act was drafted by
(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine.
2. The law of evidence consists of
(a) ordinary rules of reasoning
(b) legal rules of evidence
(c) rules of logic
(d) all the above.
3. Relevancy and admissibility under the

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Indian Evidence Act are
(a) synonymous
(b) co-extensive
(c) neither synonymous nor co-extensive
(d) synonymous & co-extensive both.
4. 'Self-regarding' statements
(a) can be self-serving statements
(b) can be self-harming statements
(c) can be self-serving or self-harming
5. What is correct as regards the admissibility of self-regarding statements
(a) self-harming statement is admissible but a self-serving statement is not generally admissible
(b) self-serving statement is admissible but a self-harming statement is not generally admissible
(c) self-serving and self-harming statements both are generally admissible
(d) self-serving and self-harming statements both are generally inadmissible.
6. Under the law of evidence, as a general rule
(a) opinion on a matter of fact is relevant but not on a matter of law
(b) opinion on a matter of law is relevant but not on a matter of fact
(c) opinion on a matter of fact and law both are relevant
(d) opinion whether on a matter of fact or law, is irrelevant.
7. Indian Evidence Act applies to
(a) proceedings before tribunals
(b) proceedings before the arbitrator
(c) judicial proceedings in courts
(d) all the above.
(a) lex tallienis
(b) lex fori

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(c) lex loci solutionis
(d) lex situs.
(a) a substantive law
(b) an adjective law
(c) both (a) & (b)
10. Facts can be
(a) physical facts
(b) psychological facts
(c) physical as well as psychological facts
(d) only physical facts & not psychological facts.
11. Under the Evidence Act, fact means
(a) factum probandum
(b) factum probans
(c) both factum probandum and factum probans
12. Fact in issue means
(a) fact, existence or non-existence of which is admitted by the parties
(b) fact, existence or non-existence of which is disputed by the parties
(c) fact existence or non-existence of which is not disputed by the parties
(d) all the above.
13. Evidence under the Indian Evidence Act means & includes
(a) ocular evidence
(b) documentary evidence
(c) ocular and documentary evidence both
(d) ocular evidence based on documents only.
14. Propositions under Evidence Act are

I. Affidavit is an evidence.
28
II. Everything produced before the court for inspection is evidence.

III. Anything of which judicial notice can be taken is evidence.
IV. Written statement of an accused is evidence. Which of the following is true in respect of the aforesaid
propositions
(a) I, II, III & IV all are correct
(b) I, II & III are correct but IV is incorrect
(c) I, II & IV are correct but III is incorrect
(d) I, II & IV are incorrect but III is correct
(e) I & II are correct but III & IV are incorrect
(f) I is incorrect but II, III & IV are correct.
15. Proof of a fact depends on
(a) accuracy of the statement and not upon the probability of its existence
(b) not upon the accuracy of the statement but upon the probability of its existence
(c) artificial probative value assigned to a fact
(d) rigid mathematical demonstration.
16. Standard of proof in
(a) civil and criminal cases is the same
(b) criminal cases is much more higher than in civil cases
(c) criminal case is lower than in civil cases
(d) either (a) or (c) are correct
17. Presumptions under the law of evidence are
(a) presumption of facts
(b) presumptions of law
(c) both (a) & (b)
(d) only (b) & not (a).

I. Presumptions of facts are always rebuttable
II. Presumption of facts can be either rebuttable or irrebuttable
III. Presumption of law are always irrebuttable
IV. Presumption of law can be either rebuttable or irrebuttable.
Which is true of the aforesaid propositions
(a) I & III are correct but II & IV are incorrect

29
(b) I & IV are correct but II & III are incorrect
(c) II & III are correct but I & IV are incorrect.
(d) II & IV are correct but I & III are incorrect.
19. Under the law of evidence, the relevant fact
(a) must be legally relevant
(b) must be logically relevant
(c) must be legally & logically relevant
(d) must be legally & logically relevant and admissible.
20. Relevancy is
(a) question of law and can be raised at any time
(b) question of law but can be raised at the first opportunity
(c) question of law which can be waived
(d) question of procedure which can be waived.
21. Question of mode of proof is
(a) a question of law which can be raised at any time
(b) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first
opportunity
(c) a question of procedure & can be raised at any time
(d) a mixed question of law & fact.
22. Which of the following documents are not admissible in evidence
(a) documents improperly procured
(b) documents procured by illegal means
(c) both (a) & (b)
23. The facts which form part of the same transaction are relevant
(a) under section 5 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 7 of Evidence Act
(d) under section 8 of Evidence Act.
24. A fact forming part of the same transaction is relevant under section 6 of Evidence Act
(a) if it is in issue and have occurred at the same time & place
30
(b) if it is in issue and may have occurred at different times & places
(c) though not in issue and may have occurred at the same time & place or at different times & places
(d) though not in issue, must have occurred at the same time & place.
25. Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant
26. Motives of preparation and conduct are I relevant
27. Under section 8 of Evidence Act
(a) motive is relevant
(b) preparation is relevant
(c) conduct is relevant
(d) all the above.
28. For conduct to be relevant under section 8 of Evidence Act, it
(a) must be previous
(b) must be subsequent
(c) may be either previous or subsequent
(d) only subsequent & not previous.
29. Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship &
identity of parties are relevant

31
(a) the identification parades of suspects are relevant
(b) the identification parades of chattels are relevant
(c) both (a) & (b) are relevant
(d) only (a) & not (b) is relevant.
31. Identification of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) section 9 of Evidence Act excludes identification by photo
(d) section 8 of Evidence Act excludes identification by photo.
32. Things said or done by a conspirator in reference to the common design is relevant
33. A confession made by a conspirator involving other members is relevant against the co-conspirator
jointly tried with him and is admissible
(d) both (b) & (c).
34. Alibi is governed by
(a) section 6 of Evidence Act
(b) section 8 of Evidence Act
(c) section 15 of Evidence Act
(d) section 11 of Evidence Act.
35. Transaction and instances relating to a right or custom are relevant

32
36. Section 13 of Evidence Act applies to
(a) corporal rights
(b) incorporal rights
(c) both corporal and incorporal rights
37. Section 13 of Evidence Act
(a) is confined to public rights & does not cover private rights
(b) is not confined to public rights and covers private rights also
(c) is confined to private rights and does not cover public rights
(d) either (a) or (c) is correct.
38. Mode of proof of a custom is contained in
(a) section 32(4) of Evidence Act
(b) section 32(7) of Evidence Act
(d) all the above.
39. Section 14 of Evidence Act makes relevant the facts which show the existence of
(a) any state of mind
(b) any state of body or bodily feeling
(c) either state of mind or of body or bodily feeling
(d) a particular state of mind and a state of body.
40. Under section 14 of Evidence Act - Explanation I
(a) evidence of general disposition, habit or tendencies is inadmissible
(b) evidence having a distinct and immediate reference to the particular matter in question is admissible
(c) both (a) & (b) are correct
(d) both (a) & (b) are incorrect.
41. Previous conviction of a person is relevant under

33
(a) explanation I to section 14 of Evidence Act
(b) explanation II to section 14 of Evidence Act
(c) explanation III to section 14 of Evidence Act
(d) explanation IV to section 14 of Evidence Act.
Multiple Choice Questions for Judicial Service Examination
42. Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same
person are relevant
(a) when it is uncertain whether the act is intentional or accidental
(b) when it is certain that the act is with guilty knowledge
(c) when it is certain that the act is done innocently
(d) either (b) or (c).
43. Admission has been defined as a statement made by a party or any person connected with him,
suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under
44. Admissions
(a) must be examined as a whole and not in parts
(b) can be examined in parts
(c) can be examined as a whole or in parts
(d) both (b) & (c) are correct.
45. Admissions bind the maker
(a) in so far as it relates to facts
(b) in so far as it relates to question of law
(c) both on questions of facts & of law
46. Admissions
(a) must be in writing

34
(b) must be oral
(c) either oral or in writing
(d) only in writing & not oral.
47. Admission to be relevant
(a) must be made to the party concerned & not to a stranger
(b) must be made to a stranger
(c) it is immaterial as to whom admission is made and an admission made to a stranger is relevant
(d) it is immaterial to whom the admission is made but must be made to someone intimately connected & not a stranger.

I. Statement is a genus, admission is a species
& confession is a sub species.
II. Statement & admission are species & confession is a sub species.
III. Statement & admission are genus & confession is a species.
In this context which of the following is correct
(a) I is correct, II & III are incorrect
(b) I & II are correct & III is incorrect
(c) II & III are correct & I is incorrect
(d) III is correct & I & II are incorrect.
49. Admission can be
(a) formal only
(b) informal only
(c) either formal or informal
(d) only formal & not informal.
50. Admissions
(a) are conclusive proof of the matters admitted
(b) are not conclusive proof of the matters admitted but operate as estoppel
(c) are conclusive proof of the matter and also operate as estoppel
(d) both (a) & (c) are correct.
51. Persons who can make admissions are mentioned in

35
52. Admissions by agents are
(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c).
53. Admissions made by a party are evidence against
(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.
54. Which of the following admission is no evidence
(a) an admission by one of the several defendants in a suit against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the firm or other partners
(d) only (a) & (b).
55. When the liability of a person who is one of the parties to the suit depends upon the liability of a
stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on
the part of that person who is a party to the suit. It has been so provided
56. In a reference made over a disputed matter to a third person, the declaration so made by that person
shall be an evidence against the party making a reference, by virtue of

36
57. Communication made 'without prejudice' are protected
58. Confession caused by inducement, threat or promise is contained in
59. Section 24 of Evidence Act applies
(a) when the inducement, threat or promise comes from a person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious
(d) only (a) & (b) are correct.
60. A confession made to a police officer is inadmissible under
(a) , section 24 of Evidence Act
61. A confession to be inadmissible under section 25 of Evidence Act
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
62. Which of the following is not given by section 25 of Evidence Act
(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force

37
(c) confession made to an officer under FERA
(d) all the above.
63. A retracted confession
(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) can not be made solely the basis of conviction unless the same is corroborated
(d) both (a) & (c) are incorrect.
64. A confession made by a person while in police custody is inadmissible as per
65. A confession made while in police custody is admissible under section 26 of Evidence Act
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.
66. Section 27 control
(d) all the above.
67. Section 27 applies to
(a) discovery of some fact which the police had not previously learnt from other sources and was first derived from the
information given by the accused
(b) discovery of some fact which the police had previously learnt from other sources
(c) discovery of some fact which the police had previously learnt from other sources and the accused has also given
information regarding the same
(d) all the above.

38
68. Under section 27 of Evidence Act, 'discovery of fact' includes
(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
69. Section 27 of Evidence Act applies
(a) when the person giving information is an accused but not in police custody
(b) when the person giving information is an accused and is in police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an accused.
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b).
71. Facts discovered in consequences of a joint information
(a) are not admissible and can not be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.
72. Confession of an accused is admissible against the other co-accused
73. Confession of one accused is admissible against co-accused
(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences

39
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.
74. Confession of a co-accused, not required to be on oath and cannot be tested by cross- examination
I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a
conviction
II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an
additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.
75. 'Necessity rule' as to the admissibility of evidence is contained in
76. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement
(a) is dead or has become incapable of giving evidence
(b) is a person who can be found but his attendance can not be procured without unreasonable delay or expenses
(c) is a person who can not be found
(d) all the above.
77. Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else' death
(c) may relate to the cause of his own death or someone else' death
(d) both (b) & (c) are correct.
78. The person whose statement is admitted under section 32 of Evidence Act
(a) must be competent to testify
(b) need not be competent to testify

40
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.
79. A dying declaration is admissible
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceedings alone & not in civil proceedings.
80. A dying declaration
(a) can form the sole basis of conviction without any corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by independent witness
(c) cannot form the sole basis of conviction unless corroborated by independent witness
(d) only (b) & (c) are correct.
81. A dying declaration to be admissible
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private person.
82. Declaration in course of business are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
83. Declaration as to custom are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
84. Under section 32(4) of Evidence Act, the declaration

41
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
85. Opinions of experts are relevant
86. Under section 45 of Evidence Act, the opinion of expert can be for
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
87. Under section 45 of Evidence Act the opinion of expert can be on the question of
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
88. Opinion of an expert under section 45 of Evidence Act
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
89. A disputed handwriting can be proved
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the questioned document
(c) by comparison of the two-admitted & disputed handwritings

42
(d) all the above.
90. The res inter alia acta is receivable
91. Entries in the books of accounts regularly kept in the course of business are admissible under section
34 of Evidence Act
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
92. When the court has to ascertain the relationship between one person and another, the opinion of any
person having special means of knowledge and expressed by conduct is admissible
93. The relationship in section 50 of Evidence Act means
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
94. Opinion as to relationship of marriage under section 50 of CPC
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act

I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue.
43
II. In criminal cases, the evidence of good character is admissible generally.

III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has
been given. In relation to the above propositions which of the following is correct statement
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.

96. Facts of which the judicial notice is to be taken are stated in
section 56 of Evidence Act
section 55 of Evidence Act.
97. List of facts of which the judicial notice has to be taken under section 57 of Evidence Act
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
98. Facts which need not be proved by the parties include
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
99. The court may in its discretion call for proving the facts
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)

44
100. Oral evidence under section 60 of Evidence Act may be
(a) direct only
(b) hearsay
(c) both (a) & (b)
CODE OF CIVIL PROCEDURE,1908
1. Under the provisions of Civil Procedure Code plea of adverse possession is a defence available
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property.
2. The reappreciation of evidence in second appeal
(a) is subject to review
(b) is permissible
(c) is not permissible
(d) is an admitted fact.
3. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to
(a) give more power to Civil Courts
(b) reduce the power of Civil Courts
(c) cut short delay in disposal of suit
(d) make provisions stringent.
4. Preliminary decree can be passed in a suit
(a) for partition
(b) of partnership
(c) for possession and mesne profits
(d) all the above.
5. Preliminary decree is one

45
(a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does
not finally dispose of the suit
(b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may
have the effect of final disposal of the suit
(c) both (a) & (b)
6. A decree becomes final
(a) when it conclusively determines the rights of the parties
(b) when no appeal has been preferred against the decree
(c) both (a) & (b)
7. Which of the following is not a decree
(a) dismissal in default
(b) rejection of a plaint
(c) both (a) & (b)
8. Order has been defined as a formal expression of any decision of a civil court which is not a decree,
under
(a) section 2(1) of CPC
(b) section 2(14) of CPC
(c) section 2(9) of CPC
(d) section 2(16) of CPC.
9. A decree holder has been defined as a person in whose favour a decree has been passed or an order
capable of execution has been made, under
(a) section 2(3) of CPC
(b) section 2(13) of CPC
(c) section 2(4) of CPC
(d) section 2(16) of CPC.
10. A decree holder
(a) need not be a party to the suit

46
(b) the term is not confined to plaintiff
(c) both (a) & (b)
11. Foreign court under section 2(5) of means
(a) a court situated outside India
(b) a court situated outside India and not established under the authority of Government of India
(c) a court situated in India applying foreign law
(d) all the above.
12. Judgment under section 2(9) means
(a) a decree
(b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above.
13. Legal representative under section 2(11) of CPC means a person who is a
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to parties to the suit
(c) who in law represents the estate of the deceased
(d) all the above.
14. 'A' dies leaving behind a son X & a married daughter Y, a suit filed by 'A', after his death, can be
continued by
(a) 'X' alone as legal representative
(b) 'Y' alone as legal representative
(c) 'X', 'Y' and the husband of Y as legal representatives
(d) 'X' and 'Y' both, as legal representatives.
15. A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations & the reason thereof
(d) all the above.

47
16. Who amongst the following is not a legal representative
(a) a trespasser
(b) an intermeddler
(c) a creditor
(d) both (a) & (c).
17. 'Mesne profits' as defined under section 2(12) means
(a) those profits which the person in wrongful possession of such property actually received or might have received together
with interest
(b) those profits which the person in wrongful possession of property actually received including profits due to
improvements made by such person
(c) those profits which the person in wrongful possession of such property actually received or might have received but
without any interest on such profits
(d) those profits which the person in wrongful possession of such property actually received.
18. Foreign judgment as defined under section 2(6) of CPC means
(a) judgment given by an Indian Court in respect of foreigners
(b) judgment given by a foreign court
(c) both (a) & (b)
19. Who amongst the following is not a 'public officer' within the meaning of section 2(17) of CPC
(a) a Judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
20. Basis of distribution of the jurisdiction of Indian Courts is
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject-matter jurisdiction
(d) all the above.
21. Court of small causes, under section 3 of CPC is subordinate to
(a) District Court

48
(b) High Court
(c) both (a) & (b)
22. Pecuniary jurisdiction of the court has been dealt with in
(a) section 3 of CPC
(b) section 4 of CPC
(c) section 5 of CPC
(d) section 6 of CPC.
23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either
expressly or impliedly barred, by virtue of
24. Which of the following is a right of civil nature
(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) all the above.
25. Which of the following is not a right of civil nature
(a) caste & religion
(b) right to services which are honorary and gratuitous
(c) brij jijmam rights
(d) both (a) & (b).
26. Jurisdiction of civil court can be barred
(a) expressly only
(b) impliedly only
(c) either expressly or impliedly
(d) neither expressly nor impliedly.

49
27. Principle of res-subjudice is contained in
28. Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles
regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:
(a) where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be
excluded if there is adequate remedy to do what the civil court would normally do in a suit
(b) where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out
the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil
court
(c) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a
civil suit lies even if the orders of the authorities are declared to be final
29. Under section 10 of CPC, a suit is liable to be
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c).
30. For the application of the principle of res- subjudice, which of the following is essential
(a) suits between the same parties or litigating under the same title
(b) the two suits must be pending disposal in a court
(c) the matters in issue in the two suits must be directly and substantially the same
(d) all the above.
31. Section 10 of CPC does not apply
(a) when the previous suit is pending in the same court
(b) when the previous suit is pending in a foreign court
(c) when the previous suit is pending in any other court in India
(d) when the previous suit is pending in a court outside India established or contained by the Central Government.
32. Under the principle of res-subjudice

50
(a) the second suit has to be stayed
(b) the previous suit has to be stayed
(c) either (a) or (b) depending on the facts & circumstances of the case
(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.
33. Provisions of section 10 of CPC are
(a) directory
(b) mandatory
(c) non mandatory
(d) discretionary.
34. Section 10 can come into operation
(a) before filing of written statement inthe subsequent suit
(b) before settlement of issues in subsequent suit
(c) after settlement of issues in subsequent suit
(d)all the above.
35. Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim
(a) Nemo debet bis vexari pro uno eteadem causa
(b) interest republicae ut sit finis litium
(c) both (a) & (b)
36. Principle of res-judicata applies
(a) between co-defendants
(b) between co-plaintiffs
(c) both (a) & (b)
37. Which of the following is not true of res- judicata
(a) it can be invoked in a separate subsequent proceedings
(b) it can be invoked at a subsequent stage in the same proceedings
(c) it can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings
51
(d) both (b) & (c).
38. As regards res-judicata, it has been stated that the right of an individual is to be protected from
multiplication of suits and prosecution at the instance of an opponent whose superior resources & power
unless curbed, may render futile judicially declared right and innocence, by
(a) Spences Bower
(b) Lord Denning
(c) Salmond
(d) Black Stone.
39. Res-judicata applies
(a) when the matter in former suit is directly & substantially in issue
(b) when the matter in former suit is collaterally & incidentally in issue
(c) both (a) & (b)
40. Res-judicata applies
(a) when the matter is directly & substantially in issue in two suits and should have been decided on merits
(b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title
(c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is
subsequently raised
(d) when all (a), (b) & (c) combine.
43. Plea of 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).
42. Constructive res-judicata is contained in
(a) explanation III to section 11
(b) explanation IV to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11.
43. Principle of res-judicata applies

52
(a) to suits only
(b) to execution proceedings
(c) to arbitration proceedings
(d) to suits as well as execution proceedings.
44. A decision on issue of law
(a) shall always operate as res-judicata
(b) shall never operate as res-judicata
(c) may or may not operate as res-judicata
45. A decision on an issue of law operates as res- judicata
(a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is
correct
(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law
is erroneous
(c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point
of law is correct
(d) all the above.
46. A decision in a suit may operate as res- judicata against persons not expressly named as parties to the
suit by virtue of explanation
(a) II to section 11 of CPC
(b) IV to section 11 of CPC
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
47. Res-judicata does not operate
(a) between co-defendants
(b) between co-plaintiffs
(c) against a per-forma defendant
48. In which of the following cases res-judicata is not applicable
(a) consent compromise decrees

53
(b) dismissal in default
(c) both (a) & (b)
49. Principle of res-judicata is
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
50. With respect to the principle of res-judicata which of the following is not correct
(a) ex-parte decree will operate as res-judicata
(b) writ petition dismissed on merits operates as res-judicata
(c) writ petition dismissed in limine operates as res-judicata
(d) both (a) & (c).
51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be
(a) stayed
(b) dismissed
(c) may be stayed & may be dismissed
(d) both (a) & (c).
52. A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res-judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
53. On production of a certified copy of the foreign judgment, the presumption as to the competency of the
court, under section 14 of CPC is a
(a) presumption of fact
(b) presumption of fact & law both
(c) rebuttable presumption of law
(d) irrebuttable presumption of law.

54
54. Validity of a foreign judgment can be challenged under section 13 of CPC
(a) in a civil court only
(b) in a criminal court only
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
55. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of
(a) competency of the court pronouncing the judgment
(b) being obtained by fraud
(c) sustaining a claim founded on a breach of law in force in India
(d) all the above.
56. How many grounds of attack the foreign judgment have been provided under section 13 of CPC
(a) seven
(b) six
(c) five
(d) four.
57. On the ground of jurisdiction, under section 13 of CPC
(a) only a judgment in personam can be challenged
(b) only a judgment in rem can be challenged
(c) both judgment in personam and judgment in rem, can be challenged
(d) neither a judgment in personam nor judgment in rem can be challenged.
58. A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is
pronounced against him
(a) can always challenge the judgment on the ground of competency
(b) can never challenge the judgment on the ground of competency
(c) can challenge the judgment on the ground of competency under certain circumstances
59. Under section 15 of CPC, every suit shall be instituted in
(a) the district court
(b) the court of the lowest grade

55
(c) the court of higher grade
(d) all the above.
60. Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
61. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose
local jurisdiction
(a) the property is situate
(b) the defendant voluntarily resides or personally works for gain
(c) the defendant voluntarily resides or carries on business
62. Suit in respect of immoveable property, where the entire relief sought can be obtained through the
personal obedience of the defendant, can be instituted in a court within whose local jurisdiction
(a) the property is situate
(b) the defendant voluntarily resides or carries on business
(c) the defendant voluntarily resides or personally works for gain
(d) all the above.
63. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of
different courts, has been provided
(a) under section 17 of CPC
(b) under section 18 of CPC
(c) under section 19 of CPC
(d) under section 20 of CPC.
64. Section 18 of CPC provides for
(a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one cot
(b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different
court
(c) place of institution of suit in respect of immoveable property where the limits of jurisdiction of courts uncertain
56
(d) all the above.
65. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has
been dealt with
(b) under section 19 of CPC
66. A suit for compensation for wrong done to the person or to moveable property, where the wrong was
done within the local jurisdiction of one court and the defendant resides within the local limits of an other
court
(a) can be instituted in the court within whose local jurisdiction the wrong has been committed
(b) can be instituted in the court within whose local jurisdiction the defendant resides
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.
67. 'X' residing in Delhi, publishes statements defamatory to 'Y' in Calcutta. 'Y' can sue at
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) either in Delhi or in Calcutta.
68. Suits under section 20 of CPC can be instituted where the cause of action arises
(a) wholly
(b) partly
(c) either wholly or in part
(d) only (a) and not (b) or (c).
69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local
jurisdiction
(a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides or carries on business or
personally works for gain
(b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business,
or personally works for gain and the defendant(s) not so residing etc. acquiesce
(c) both (a) & (b) are correct

57
70. A suit for damages for breach of contract can be filed, at a place
(a) where the contract was made
(b) where the contract was to be performed or breach occurred
(c) anywhere in India
(d) both (a) and (b).
71. A suit relating to partnership may be instituted at a place
(a) where the partnership was constituted
(b) where the partnership business was carried on
(c) where partnership accounts are maintained
(d) all the above.
72. A suit relating to partnership dissolved in a foreign country can be filed at a place
(a) in foreign country
(b) where the parties to the suit reside in India
(c) both (a) & (b)
(d) all over India.
73. Objection as to the place of suiting
(a) can only be taken before the court of first instance at the earliest possible opportunity
(b) can be taken before the appellate court for the first time
(c) can be taken before the court of revision for the first time
(d) all the above.
74. Section 21 of CPC cures
(a) want of subject-matter jurisdiction
(b) want of pecuniary jurisdiction
(c) want of territorial jurisdiction
(d) both (b) and (c).
75. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred

58
(b) under section 21A of CPC
76. Parties by their consent agreement
(a) can confer jurisdiction on a court, where there is none in law
(b) can oust the jurisdiction of the court where there is one in law
(c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law
(d) all the above.
77. Section 20 of CPC does not apply to
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
78. Agreement between the parties to institute the suit relating to disputes in a particular court
(a) does not oust the jurisdiction of other courts
(b) may operate as estoppel between the parties
(c) both (a) & (b)
79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the
court shall be governed by
(a) lex loci contractors
(b) lex loci solutions
(c) les situs
(d) rule of freedom of choice i.e., intention of the parties.
80. A corporation, under section 20 of CPC, is deemed to carry on business at
(a) its principal office in India
(b) its subordinate office in India
(c) both (a) & (b)

59
81. In case of a cause of action arising at a place where a corporation has a subordinate office, the
corporation is deemed to carry on business
(a) its principal office in India
(b) its subordinate office where the cause of action did arise
(c) both (a) & (b)
82. In every plaint, under section 26 of CPC, facts should be proved by
(a) oral evidence
(b) affidavit
(c) document
(d) oral evidence as well as document.
83. According to section 27 of CPC summons to the defendant to be served on such date not beyond
(a) 30 days from the date of institution of suits
(b) 60 days from the date of institution of suits
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
84. The court may impose a fine for default upon a person required to give evidence or to produce
documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed
(a) Rs. 500
(b) Rs. 1,000
(c) Rs. 5,000
(d) Rs. 10,000.
85. Under section 39(4) of CPC, the court passing the decree is
(a) authorised to execute such decree against any person outside local limits of its jurisdiction
(b) authorised to execute such decree against any property outside the local limits of its jurisdiction
(c) either (a) or (b)
(d) neither (a) or (b).
86. A private transfer or delivery of the property attached under section 64(2) shall not be void if
(a) made in persuance of any contract for such transfer or delivery entered into and registered before the attachment
60
(b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment
(c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the
attachment
87. The court under section 89(1) of CPC can refer the dispute for
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation.
88. The court can award compensation against plaintiff under section 95 of CPC, not exceeding
(a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less
(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more
(c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
(d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.
89. Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard
and decided by a single judge of a High Court
(a) no further appeal shall lie the from judgment and decree of such single judge
(b) further appeal shall lie under the Latters Patent for the High Court
(c) further appeal shall lie with the leave of the Supreme Court
(d) further appeal shall lie before the Division Bench of the High Court.
90. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject
matter of the original suit is for recovery of money not exceeding
(a) Rs. 10,000
(b) Rs. 25,000
(c) Rs. 50,000
(d) Rs. 1,00,000.
91. A revision under section 115shall not operate as a stay of suit or other proceeding before the court
except where such suit or other proceeding is stayed by
(a) the High Court
(b) the Supreme Court

61
(c) the Appellate Court
(d) District and Sessions Court.
92. The court can enlarge the time under section 148 of CPC for doing any act prescribed or allowed under
the Code of Civil Procedure, not exceeding in total
(a) 90 days
(b) 60 days
(c) 45 days
(d) 30 days.
93. Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when
(a) a plaint is presented to the court
(b) a plaint in duplicate is presented to the court
(c) a plaint in triplicate is presented to the court
94. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the
written statement
(a) within 60 days from the date of service of summons
(b) within 45 days from the date of service of summons
(c) within 30 days from the date of service of summons
(d) within 90 days from the date of service of summons.
95. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file
the same on such other day specified by the court for reasons recorded in writing
(a) within 90 days from the date of service of summons
(b) within 120 days from the date of service of summons
(c) within 60 days from the date of service summons
(d) within 45 days from the date of service summons.
96. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of
serving the same on the defendant, to a courier services as
(a) approved by the defendant
(b) approved by the court
(c) approved by the plaintiff

62
97. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued
under section 30 of CPC, the court is empowered to
(a) issue a warrant for his arrest
(b) attach and sell his property
(c) impose a fine not exceeding Rs. 5,000
98. Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to
(a) either party
(b) to plaintiff only
(c) to defendant only
(d) to only one defendant if there are more than one defendant
99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3)
of CPC, by
(a) the plaintiff
(b) the court
(c) the defendant
(d) partly by the plaintiff and partly by the defendant.
100. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).
1. Objection as to place of suing shall be allowed in the Court of first instance is the essence of—
(A) Section-21 A of C.P.C.
(B) Section-20 of C.P.C.
(C) Section-22 of C.P.C.
(D) Section-21 of C.P.C.
Ans:-D
2. What type of officer is a reserved inspector in the Reserve Line according to U. P. Polic Regulations?
(A) A General Officer
(B) Officer incharge
(C) Deputy Chief Officer
(D) None of the above
Ans:-B
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3. Which of the following statements is incorrect regarding history-sheets?

(A) History-sheet of class ‘B’ is for a period of three years and it need not be starred
(B) History-sheet of class ‘A’ for an active member of a gang of dacoits must be starred
(C) No history-sheet should be opened for persons with no permanent residence
(D) No history-sheet is required to be opened for a person detained under Section 109 of the Code of Criminal Procedure
Ans:-A
4. Which chapter of U. P. Police Regulations deals with Mounted Police?

(A) Chapter 5
(B) Chapter 6
(C) Chapter 7
(D) Chapter 8
Ans:-D
5. Section-18 of the Civil Procedure Code provides for—

(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
courts
(C) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
(D) All the above
Ans:-C
6. Under which explanation of Section-11 of Civil Procedure Code Constructive Resjudicata has been explained?
(A) Explanation-I
(B) Explanation-II
(C) Explanation-III
(D) Explanation-IV
Ans:-D
7. Section-115 of the Civil Procedure Code provides for the following—

(A) Reference
(B) Review
(C) Revision
(D) Appeal to the Supreme Court
Ans:-C
8. 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.
Select the correct answer using the codes given below—
Codes:
(A) 1,2 and 3
(B) 1,2 and 4
(C) 1,3 and 4
(D) 2,3 and 4
Ans:-B
9. ‘Decree holder’ means any person in whose favour a decree has been passed or an order cap4ble 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.
(C) Section-2(4), C.P.C.
(D) Section-2(d), C.P.C.
Ans:-B
10. “A barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for
asking the witness whether he is a dacoit.”
64
This illustration is based on which Section of the Indian Evidence Act?

(A) Section- 149
(C) Section- 147
(B) Section -153
(D) Section -145
Ans:-A
11. Legitimacy of child born during valid marriage is presumed under which Provision of the Indian Evidence Act?
(A) Section-l 15
(B) Section-114
(C) Section-112
(D) Section-113
Ans:-C
12. Which of the following is not correctly matched?

(A) Matrimonial communication —Section- 122
(B) Official communication —Section- 124
(C) Professional communication—Section- 126
(D) Confi1ential communication with legal advisers —Section 127
Ans:-D
136.‘Rejection of Plaint’ is mentioned under—

(A) Order VII Rule 11
(B) Order VI Rule 13
(C) Order VII Rule 12
(D) Order VIII Rule 4
Ans:-A
13. Which one of the following cases is on second appeal ?

(A) Madan Lal Vs. Bal Krishna
(B) Sudhir G. Angur Vs. M. Sanjeev
(C) Sheodan Singh Vs. Daryao Kunwar
(D) Harshad Chiman Lal Modi Vs. D.L.F. Universal Ltd.
Ans:-A
139. Dasti summons for service on the defendant can be given to the plaintiff under—
(A) Order V Rule 9A, C.P.C.
(B) Order V Rule 9, C.P.C.
(C) Order IV Rule 7, C.P.C.
(D) Order VI Rule 6, C.P.C.
Ans:A-
14. Order XXIII of the Civil Procedure Code applies to the following—
(A) Withdrawal of suits
(B) Appeals
(C) Execution proceeding
(D) All the above
Ans:-A
15. A decree may be executed by—

(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the Court which. passed it or to which it is sent
Ans:-D
16. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to
be—
(A) Primary evidence
(B) Secondary evidence
65
(C) Documentary evidence

(D) Oral evidence
Ans:-D
17. The Principle of Promissory Estoppel found its root—

(A) As an exception to the doctrine of consideration in the 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
Ans:-A
128.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.
Ans:-C
18. “The burden of proof in a suit or proceeding lies on that person who would fail if no
evidence at all was 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- 113
Ans:-C
127. 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
Ans:-C
19. Which of the following does not find a mention as showing state of mind under Section-14 of the Evidence Act, 1872?
(A) Ill will
(B) Motive
(C) Good Faith
(D) Negligence
Ans:-B
20. Provisions have been made under certain Sections of the Indian Evidence Act regarding relevancy of certain facts. Match
the entries of List-I and List-Il below and write the correct answer using the codes—
List-I (Facts)
(a) Opinion of Handwriting Expert
(b) State of relevant fact by person who is dead or cannot be found
(c) Previous good character in criminal cases
(d) Oral admissions as to contents of documents
List-II(Sections)
1. 22
2. 47
3. 32
4. 53
Codes:
(a)(b)(c)(d)
(A) 2 3 4 1
(B) 3 1 2 4
(C) 1 2 4 3
66
(D) 4 1 3 2
Ans:-A
21. Palvinder Kaur Vs. State of Punjab relates to which of the following?
(A) Confession
(B) Dying declaration
(C) Entries in the books of account
(D) Relevancy of judgements
Ans:-A
22. Which Section of the Indian Evidence Act, 1872 deals only with civil matters?
(A) Section-23
(B) Section-27.
(C) Section-53
(D) Section- 133
Ans:-A
23. Which one of the following is the correct statement ? “Full faith and credit” clause of the Constitution does not apply to—
(A) Public acts
(B) Public records
(C) Acts of corporation
(D) Judicial proceedings
Ans:-C
24. Match List-I with List-II and select the correct answer using the codes given below the lists.—
List-I
(a) India that is Bharat is a Union of States
(b) Liberty of Thought, Expression and Worship
(c) Freedom of Speech and Expression
(d) Protection of Interest of minorities
List-II
1. Preamble
2. Right to Freedom
3. Union and its Territory
4. Cultural and Educational Rights
Codes:
(a)(b)(c)(d)
(A) 1 2 3 4
(B) 2 1 3 4
(C) 3 1 2 4
(D) 4 3 2 1
Ans:-C
25. A fact is said to be ‘not proved’—

(A) When it is disproved
(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 net exist
(D) When it is neither proved nor disproved
Ans:-D
67
INDIAN PARTNERSHIP ACT,1932
The Limited Liability Partnership Act, 2008 (6 of 2009) is an Act to make provisions for the
(a) formulation and regulation of General Partnership Firms and Limited Liability formed under Indian Partnership Act,
1932
(b) formulation and regulation of Joint Ventures with unlimited liability formed under Indian Contract Act, 1872
(c) formulation and regulation of Chit Funds Organisations with unlimited liability formed under the Chit Funds Act, 1982
(d) formation and regulation of Limited Liability Partnership with limited liability formed under the Limited Liability
Partnership Act, 2008.
2. Foreign Limited Liability Partnership (FLLP) under the Limited Liability Partnership Act, 2008 means
(a) a Limited Liability Partnership formed, incorporated or registered in that country to which the partners belong
(b) a Limited Liability Partnership formed, incorporated or registered under Economic Council of UNO
(c) a Limited Liability Partnership formed, incorporated or registered in Indian territory
(d) a Limited Liability Partnership formed, incorporated or registered outside India which establishes a place of business
within India.
3. Every Limited Liability Partnership as per the Limited Liability Partnership Act, 2008 shall have at least
two Designated Partners (DPs) who are individuals and
(a) at least one among them shall be resident in India
(b) both of them shall belong to one family residing in India
(c) both of them should be non-resident Indians (NRIs)
(d) both of them should belong to a single country outside India.
4. Prior to the Indian Partnership Act, 1932 which came into force from 1 October, 1932 except section 69
which came into force from 1 October, 1933, the law of partnership was provided in
(a) Sale of Goods Act, 1930
(b) Indian Contract Act, 1872
(c) Transfer of Property Act, 1908
(d) English Partnership Act, 1890.
5. Unilateral dissolution of partnership by partner who is minority shareholder is
(a) not permissible
(b) permissible
(c) permissible if all minority share-holders agree
(d) permissible if Memorandum of Association prescribes.
6. An act, to be called on 'act of a firm', within the meaning of section 2(a) of the Indian Partnership Act,
1932 is
68
(a) every act of the partners
(b) only such acts which give rise to a right enforceable by or against the firm
(c) such acts which do not give rise to a right enforceable by or against the firm
7. Any act or omission, to be an act of a firm, within the meaning of section 2(a) of the Indian Partnership
Act, 1932 must be act or omission of
(a) all the partners
(b) any of the partner
(c) agent of the firm
8. Whether an act of a partner or agent can be regarded as an 'act of the firm' is a
(a) question of fact
(b) question of law
(c) mixed question of fact & law
9. The term 'business' has been defined under
(a) section 2(a)
(b) section 2(b)
(c) section 2(d)
(d) section 2(e).
10. Under section 2(b) of the Indian Partnership Act, business includes
(a) every trade and occupation
(b) every occupation and profession
(c) every trade, occupation and profession
(d) every trade and profession.
11. The term 'partnership' has been defined under
(a) section 3
(b) section 4
(c) section 5
(d) section 6.
12. Under section 4 of the Indian Partnership Act, partnership is a

69
(a) compulsory legal relation
(b) creation of the choice and voluntarily agreement between the concerned parties
(c) a relation arising from status
13. Which of the following enactments insist for a written agreement of partnership
(a) the Indian Partnership Act, 1932
(b) the Indian Contract Act, 1872
(c) the Indian Registration Act, 1908
(d) neither (a) nor (b) nor (c).
14. A partnership can be
(a) a general partnership
(b) a particular partnership
(d) only (a) and not (b).
15. Section 8 of the Indian Partnership Act, 1932 provides for
(a) a particular partnership
(b) a general partnership
(c) a partnership at will
(d) all the above.
16. The relation of partnership arises from contract and not from status, has been prescribed under
(a) section 4
(b) section 5
(c) section 6
(d) section 7.
17. Section 7 of the provides for

(a) partnership in undertaking
(b) general partnership
(c) partnership at will
(d) all the above.
18. A partnership firm is
(a) a distinct legal entity from its partners

70
(b) not a distinct legal entity from its partners
(c) a juristic person
19. For the purposes of income-tax, a partnership firm
(a) can be assessed as an entity distinct and separate from its partners
(b) cannot be assessed as an entity separate and distinct from its partners
(c) can be assessed as an entity distinct and separate from its partners only with the permission of the court
(d) can be assessed as an entity distinct and separate from its partners only if all the partners agree for the same.
20. A partnership cannot be constituted by
(a) two individuals
(b) two Hindu joint families
(c) both (a) and (b)
21. The historic case laying down the test for determining the existence of a partnership is
(a) Grace v. Smith
(b) Waugh v. Carver
(c) Bloream v. Pell
(d) Cox v. Hickman.
22. The mode of determining the existence of partnership has been laid down in
(a) section 6
(b) section 5
(c) section 9
(d) section 10.
23. Which of the following in itself is not sufficient to constitute a partnership
(a) the sharing of profits by persons having a joint or common interest
(b) the receipt by a person of a share of the profits
(c) the receipt by a person of a payment varying with the profits earned by business
(d) all the above.
24. Which of the following is a valid partnership
(a) partnership between two partnership firm
(b) partnership between one partnership firm and an individual

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(c) partnership between individual mental of one firm and the individual members oil another firm
25. A partnership firm is entitled to enter into a partnership with
(a) another firm
(b) Hindu undivided family
(c) an individual
26. Mutual agency among the partner is
(a) a test to determine the existence of a partnership
(b) a legal incidence of partnership
27. A Hindu undivided family is entitled to enter into an agreement of partnership with
(a) another joint Hindu family
(b) another partnership firm
(c) an individual
28. Which of the following is a valid partnership
(a) partnership between the Karta of a joint Hindu family in his representative capacity and an individual co-parcener of the
same family
(b) partnership between two Hindu joint families
(c) partnership between a Hindu joint family and a partnership firm
(d) all the above.
29. Section 5 of the Indian Partnership Act, 1932 does not apply to
(a) Muslim Trading Family
(b) Christian Trading Family
(c) Burmese Buddhist husband and wife carrying on the business
(d) all the above.
30. Section 5 of the Indian Partnership Act, 1932 does not apply to
(a) Muslim Trading Family
(b) Christian Trading Family

72
31. The concept of partnership commensu-rate with
(a) principal and agent
(b) co-owners of property
(c) joint owners of property
(d) all the above.
32. A right to participate in profits, although strong but not a conclusive test of partnership. It was so held
in
(a) Tellis v. Saldanha
(b) Cox v. Hickman
(c) Re: Stanton Iron Co.
(d) Grace v. Smith.
33. Which of the following is not an essential requisite for creating a partnership as per section 4
(a) an agreement to carry on a business
(b) sharing of profits
(c) sharing of losses
(d) business to be carried by all or any of them acting for all.
34. A person who has lent money to a person or firm engaged in a business and has agreed to take a
proportion of the profits of the business in addition to or in lieu of his interest, does not by that reason
alone becomes a partner, in the business, has been laid down in
(a) Badeley v. Consolidated Bank
(b) Janes v. Whitbread
(c) Marconis Wireless Telegraph Co. v. Newman
(d) Price v. Groom.
35. The Indian Partnership Act, 1932 provides for and recognises
(a) partnerships for a specified and fixed period
(b) partnerships for a specified and fixed venture
36. A partnership for which no period or duration is fixed, under the Indian Partnership Act, 1932 is
known as
(a) general partnership

73
(b) partnership at will
(c) particular partnership
(d) co-ownership.
37. Under section 7 of the Indian Partnership Act, 1932, partnership at will is subject to
(a) one exception
(b) two exceptions
(c) three exceptions
(d) five exceptions.
38. Which of the following is an exception to the partnership at will, as provided under section 7 of the
Indian Partnership Act, 1932
(a) where there is a provision for the duration of the partnership
(b) where there is a provision for determination of the partnership
39. Where a partnership firm is constituted for a fixed period and after the expiration of that term, the firm
continues to carry on business, without any new agreement,
(a) the partnership stands extended till the new agreement is made
(b) the partnership becomes partnership at will
(c) the partnership becomes illegal
(d) the partnership stands dissolved on the date of expiry of the term and no partnership can be said to be in existence.
40. In a partnership at will
(a) a partner of a firm can retire from the firm at any time by giving a notice of his intention to retire to his co-partners
(b) a partner of a firm can dissolve the firm at any time by giving a notice of his intention to dissolve the firm to his co-
partners
(d) only (b) and not (a).
41. The test to determine whether the given partnership is a 'partnership at will' and 'whether the
partnership could be dissolved by a single partner', has been laid down in
(a) Crawshay v. Maule
(b) Abbot v.Abbot
(c) Cuffe v. Murtagh
(d) Kurumuthu T. Chettiar v. EM. Mutliappa Chettiar.
42. For constituting a partnership within the meaning of section 4 of the Indian Partnership Act, 1932
74
(a) the business has to be of permanent nature
(b) the business can be of temporary nature
(c) it is immaterial as to whether the business is of temporary or permanent nature
43. The principles governing partners' mutual relations have been laid down in
(a) Chapter II of the Indian Partnership Act
(b) Chapter III of the Indian Partnership Act
(c) Chapter IV of the Indian Partnership Act
(d) Chapter V of the Indian Partnership Act.
44. General duties of partners have been laid down in
(a) section 9 of the Act
(b) section 10 of the Act
(c) section 11 of the Act
(d) section 13 of the Act.
45. Under section 9 of the Indian Partnership Act, 1932, in doing best for the common body
(a) a partner is regarded as a kind of trustee for the other partners
(b) a partner is liable to render the accounts to other partners in a fiduciary capacity
46. Under section 10 of the Indian Partnership Act, every partner is under a duty
(a) to indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm
(b) to render true accounts and full information
(c) not to carry on any business other than that of the firm
(d) to be just and faithful to each other.
47. The rights and duties of partners inter se can be regulated and varied by the consent of the partners by
virtue of
(a) section 14 of the Act
(b) section 13 of the Act
(c) section 12 of the Act
(d) section 11 of the Act.
48. Under section 11 of the Indian Partnership Act, 1932, in case of any conflict between the provision of the
Act and the articles of the agreement, the articles of the agreement with it, will be
75
(a) valid
(b) invalid
(c) voidable at the instance of any of the partner
(d) viodable at the instance of a third party.
49. An agreement in restraint of trade in a partnership under section 11 of the Act is
(a) valid
(b) voidable
(c) void
(d) invalid.
50. Section 12 of the Indian Partnership Act, 1932 is
(a) a statement of rights of the partners in reference to the conduct of business
(b) a statement of duties of the partners in the conduct of the business
(c) a mixed statement of rights and duties of partners in reference to the conduct of the business
51. Section 12(c) of the Indian Partnership Act provides for a
(a) rule of majority
(b) rule of unanimity
52. The rule of majority contained in section 12(c) of the Indian Partnership Act, 1932 is applicable in
(a) trivial matters
(b) ordinary matters
(c) fundamental matters
(d) all the above.
53. The rule of unanimity contained in section 12(c) of the Indian Partnership Act, 1932 has a reference to
(a) fundamental matters
(b) ordinary matters
(c) trivial matters
(d) all the above.
54. The rights and duties of a partner contained in section 12 of the Indian Partnership Act, 1932 are
(a) subject to the provision of the Indian Partnership Act, 1932

76
(b) subject to a contrary arrangement between the partners
(c) subject to the provisions of the Indian Contract Act, 1872
(d) subject to the provisions of the Indian Trusts Act, 1882.
55. An agreement to carry on business in partnership in the future creates a partnership
(a) immediately on the agreement
(b) on the date mentioned in the agreement irrespective of whether the business has commenced or not on that date
(c) only on the date when the business is actually commenced
(d) never creates a partnership and any such agreement is void.
56. Whether a partnership exists or not is a
(a) question of fact
(b) question of law
(c) mixed question of fact and law
57. The maxim 'socii mei socius meu socius non est' means
(a) my partner's partner is not necessarily my partner
(b) my partner's partner is necessarily my partner
(c) the partnership has become illegal
(d) the partnerships stands dissolved by the 'act of God'.
58. The minimum number of persons required for a partnership is
(a) two
(b) five
(c) ten
(d) twenty.
59. The maximum number of partners in a partnership, has been provided under
(a) the Indian Partnership Act, 1932
(b) the Indian Companies Act, 1956
(c) the Indian Contract Act, 1872
(d) the Indian Trusts Act, 1882.
60. Under section 11 of the Indian Companies Act, 1956 for a non-banking business, the minimum number
of partners can be
(a) ten
77
(b) twenty
(c) twenty-five
(d) thirty.
61. For a banking business, the maximum number of partners in a partnership, under section 11 of the
Indian Companies Act, 1956, can be
(a) ten
(b) fifteen
(c) twenty
(d) twenty-five.
62. A partnership in which the number of partners exceeds than that allowed under section 11 of the Indian
Companies Act, shall be
(a) valid
(b) voidable at the instance of any of the partners
(c) voidable at the instance of third parties
(d) illegal.
63. An illegal partnership
(a) can sue
(b) can be sued
(c) cannot be sued
(d) can sue and be sued.
64. The members of an illegal partnership
(a) have a remedy against each other for the partnership dealings and transactions
(b) have no remedy against each other for the partnership dealings and transactions
(c) have a remedy against each other for the partnership dealings and transaction only with the permission of the court
65. If the partners are equally divided on a issue, the rule is: 'in re comtnuni potior est conditio
prohibentis', which means
(a) those who forbid a change must have their way
(b) those who do not forbid i.e., in favour of the change, must have their way
(c) the discussion on the issue be deferred for another day
(d) opinion on the issue be taken from an expert.
66. A partner has a right to have access to all the books of accounts etc., of the firm
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(a) during the subsistence of the partnership
(b) during the proceedings for the dissolution of the firm
(c) after the dissolution of the firm
(d) all the above.
67. A partner has a right to examine the account books etc., of the firm
(a) himself
(b) through legal representatives
(c) through agent
68. A partner can examine the books etc., of the partnership firm
(a) as many number of times without any restriction
(b) once a year
(c) once a month
(d) once a week.
(a) a mixed statement of rights and duties of the partners
(b) a mixed statement of duties and liabilities of the partners
(c) a mixed statement of rights and liabilities of the partners
(d) a mixed statement of rights, duties and liabilities of the partners.
70. The rate of interest prescribed under section 13, where a partner, advances money beyond the amount
of capital, for the business of the partnership, is
(a) six percent
(b) nine percent
(c) twelve percent
(d) fifteen percent.
71. Where a partner is entitled to interest on the capital subscribed, such interest is payable
(a) out of profits only
(b) out of capital if no profits
(c) out of capital if losses
72. Section 13(a) of the Indian Partnership Act, 1932 provides for
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(a) payment of remuneration to a partner as a matter of right
(b) payment of remuneration to a partner only when there is an agreement to that effect between the partners
(c) non-payment of remuneration to a partner only when there is an agreement to that effect between the parties
73. Under section 13(b) of the Indian Partnership Act, 1932 all the partners are entitled to
(a) share the profits and losses in the ratio of their capital contributions
(b) share the profits and losses equally irrespective of any agreement between them to the contrary
(c) share the profits and losses equally in the absence of any agreement to the contrary between them
(d) share the profits and losses in the ratio of their personal efforts input.
74. Where a change occurs in the constitution of a firm and no new agreement is made
(a) the ratio of profit sharing shall become equal for all the partners
(b) the ratio of profit sharing shall remain the same to the extent to which it is consistent with the altered composition of the
firm
(c) the ratio of profit sharing shall change in the ratio of capital contributions
(d) the ratio of profit sharing shall change in the ratio of personal efforts/labour input of the partners.
75. As a general rule, by virtue of section 13 of the Indian Partnership Act, 1932
(a) partner is not entitled to interest on the capital subscribed by him I
(b) partner is not entitled to interest on the| advance made over and above the share a. capital
76. As regards the capital contribution in the partnership business, the status of a partner is that of
(a) a creditor of the firm
(b) a partner of the firm
(c) an employee of the firm
(d) all the above.
77. The status of a partner, making advances to the firm for its business, over and above the capital
subscribed, is that of
(a) a partner of the firm
(b) a creditor of the firm
(c) an employee of the firm
78.On the dissolution of the partnership

80
(a) the interest on capital ceases run whereas interest of advances keeping running upto the date of payment
(b) the interest on capital and the interest on advances cease to run
(c) the interest on capital keeps running upto the date of payment whereas interest on advances cease to run
(d) the interest on capital as well as on advances keeps running upto the date of payment.
79. Ordinarily, on the overdrawings by the partners from the firm
(a) no interest is chargeable
(b) interest is chargeable @ 6% p.a.
(c) interest is chargeable @ 9% p.a.
(d) interest is chargeable @ 12% p.a.
80. A partner has a right to indemnity for the acts done in
(a) the ordinary & proper conduct of the business
(b) an emergency
81. The right to indemnity is lost on
(a) the dissolution of the partnership
(b) the death of the partner
(c) the retirement of the partner
82. Section 13(f) of the Indian Partnership Act, 1932 provides for
(a) indemnity in favour of the partner against the firm
(b) indemnity in favour of the firm against a partner
(c) indemnity in favour of the third parties against the firm
(d) all the above.
83. An action for indemnity against a partner can be brought by
(a) the firm only
(b) an individual partner
84. What constitutes the property of the firm has been dealt with in
(a) section 16
81
(b) section 15
(c) section 14
(d) section 13.
(a) exhaustive
(b) inclusive
(c) conclusive
86. Under section 14 of the Indian Partnership Act, 1932, the property thrown into the common stock at the
commencement of the business
(a) becomes the property of the firm
(b) remains the individual property of the partners in the shares contributed by them
(c) becomes the individual property of the partners in equal shares irrespective of their contributions and profit sharing ratio
87. A property belonging to a partners an entering into a partnership and used for the purposes of
partnership
(a) becomes the property of the firm
(b) remains the property of that partner
(c) becomes the property of the partner having highest share of capital contribution
(d) becomes the property of the partners in their profit sharing ratio.
88. All the benefits and liabilities arising out of a contract made on behalf of a partnership do not
(a) belong to the partnership if the contract has been performed before the dissolution of the firm
(b) belong to the partnership if the contract has been performed before the retirement of the firm
(c) belong to the partnership if the contract has been performed after the dissolution of the firm or retirement of a partner
89. The property of the firm includes all property
(a) acquired by or for the firm
(b) for the purpose or in the course of business of the firm
(c) property purchase with money belonging to the firm
(d) all the above.
90. When the property is purchased out of the partnership funds but in the name of an individual partner,
it
82
(a) becomes an estate of the partner
(b) becomes a joint estate
(c) is a question of fact to be determined with reference to the intention of the partners
(d) is a question of law to be decided on legal principles.
91. When the personal property of a partner is being used in the business of the firm, it
(a) is a question of fact to be determined with reference to the partner's intention whether it has become the property of the
firm
(b) becomes the joint estate
(c) remains an estate of the partner
(d) is a question of law to be decided on legal principles.
92. Under section 14 of the Indian Partnership Act, 1932, goodwill of the business is
(a) property of the firm
(b) property of the managing partner
(c) property of the partner having the highest share in the profits
(d) property of the partner having the lowest share in the profits.
93. Since the partnership property vests in all the partners and every partner has an interest in the
property of the partnership, during the subsistence of partnership
(a) a partner can deal with the property as his own
(b) a partner can deal with a portion of the property upto his share in the partnership,
as his own
(c) a partner can deal with a specific item of the partnership property as his own
(d) a partner cannot deal with any particular property or any portion of the property as his own.
94. In a partnership property, a partner has
(a) something in the nature of personal ownership
(b) only certain rights
95. If a partner chooses to use any assets of the partnership for his own purpose, it gives rise to
(a) a civil liability of that partner
(b) a criminal liability of that partner

83
96. Where a partner is authorised to recover dues of the partnership & spend the same for the business of
the partnership and if he does not deposit the money so collected in the bank the partner is
(a) guilty of criminal breach of trust
(b) accountable civilly to the other
97. Goodwill of the partnership business is the property of the partnership
(a) under section 14
(b) under section 15
(c) under section 16
(d) under section 17(b).
98. The term 'goodwill' is a thing very to describe but very difficult to define, is stated by
(a) Lord Herschell
(b) Lord Haldane
(c) Lord MacNaughten
(d) Lord Eldon.
99. Section 15 of the Indian Partnership Act provides that
(a) the property of the firm shall be held and used by the partners exclusively for the purposes of the business of the firm
(b) the property of the firm can be used by the partners for any of his/their personal use
(c) the property of the firm can be used by the partners for the personal use of all the partners
100. Section 15 of the Indian Partnership Act is a statement of a
(a) right of the partners
(b) duty of the partners
(c) privilege of the partners
(d) liability of the partners.

84
SALE OF GOODS ACT,1930
1. The Sale of Goods Act, 1930 applies to the whole of India except
(a) Jammu & Kashmir
(b) Dadra and Nagar Haveli
(c) Goa, Daman & Diu
(d) all the above.
2. The Sale of Goods Act, 1930 came into force on
(a) 1st April, 1930
(b) 1st July, 1930
(c) 1st December, 1930
(d) 31st January, 1931.
3. The Sale of Goods Act, 1930 is based on
(a) the english Bills of Exchange Act, 1882
(b) the Transfer of Property Act, 1882
(c) the English Sale of Goods Act, 1893
(d) the Indian Contract Act, 1872.
4. The Sale of Goods Act, 1930 in its operationis
(a) prospective
(b) retrospective
(c) prospective in certain respects and retrospective in certain other respects
5. In Sale of Goods Act several provisions of the Indian Contract Act have been retained
(a) to meet the need of the buyers
(b) to meet the need of the sellers
(c) to meet the need of both the buyers and sellers
(d) to meet special conditions existing in India regarding sale of goods.
6. The formalities attending the transfer of property in goods, under the conflict of laws, shall be governed
by
(a) lex situs
(b) lex contractus
(c) lex fori

85
(d) locus regit actum.
7. Under the conflict of laws, the rights and obligations flowing out of a contract will be regulated by
(a) lex fori
(b) locus regit actum
(c) lex contractus
(d) lex situs.
8. The term 'buyer', under the Sale of Goods Act, 1930, has
(a) been defined under section 2(1)
(b) been defined under section 2(2)
(c) been defined under section 2(3)
(d) not been defined.
9. The term "goods" in the sale of goods means
(a) specific goods only
(b) ascertained goods only
(c) ownership
(d) subject matter.
10. The term 'delivery' has been defined, in the Sale of Goods Act, 1930 under
(a) section 2(3)
(b) section 2(2)
(c) section 2(1)
(d) section 2(4).
11. Under section 2(2) of the Sale of Goods Act, 1930, 'delivery' means
(a) gratuitous transfer of possession from one person to another
(b) involuntary transfer of possession from one person to another
(c) voluntary transfer of possession from one person to another
(d) transfer of possession irrespective of whether it is gratuitous, involuntary or voluntary, from one person to another.
12. 'Delivery' within the meaning of section 2(1) of the Sale of Goods Act, 1930, can be
(a) actual
(b) constructive
(c) symbolic

86
13. It has been remarked that the Sale of Goods Act has not proved one of the more successful pieces of
codification undertaken by the Parliament, by
(a) P.S. Atiyah
(b) S.K. Kapoor
(c) Pollock & Mulla
(d) Justice Goda Raghuram.
14. Which of the following is an instance of constructive delivery of goods
(a) the transfer of bill of lading
(b) attornment by a person in possession of the goods
(d) only (b) and not (a). A bill of lading is
15. A bill of lading is
(a) a negotiable instrument like a bill of exchange
(b) a negotiable instrument like a promissory note
16. 'The documents of title to goods' in the Sale of Goods Act, 1930 have been described, under
(a) section 2(3)
(b) section 2(4)
(c) section 2(1)
(d) section (2).
17. The definition of 'the documents of title to goods' given in section 2(4) of the Sale of Goods Act, 1930, is
(a) exhaustive
(b) descriptive
(c) exhaustive and descriptive
18. Which of the following documents is a document of title to goods
(a) bill of exchange
(b) promissory note
(c) dock warrant
(d) all the above.

87
19. Which of the following documents is a document of title to 'goods' within the meaning of section 2(4) of
the Sale of Goods Act, 1930
(a) Warehouse keeper's certificate
(b) Warfinger's certificate
20. Under section 2(4) of the Sale of Goods Act, 1930, which of the following documents is not a document
of title
(a) pucca delivery order enabling a person to obtain delivery on payment of price
(b) mate's receipt
21. 'Future goods' has been defined, in the Sale of Goods Act, 1930, under
(a) section 2(5)
(b) section 2(6)
(c) section 2(7)
(d) section 2(8).
22. Under section 2(6) of the Sale of Goods Act, 1930 'future goods' means
(a) goods which are not yet in existence
(b) unascertained goods
(c) ascertained goods
(d) specific goods
23. The term 'goods' has been defined in the Sale of Goods Act, 1930, under
(a) section 2(5)
(b) section 2(6)
(c) section 2(7)
(d) section (8).
24. The definition of 'goods' as given in section 2(7) of the Sale of Goods Act, 1930, is the same as given
(a) of movable property under the General Clauses Act, 1897
(b) of movable property under the Transfer of Property Act, 1882
(c) of movable property under the Indian Contract Act, 1872
(d) Neither (a) nor (b) nor (c).

88
25. The definition of 'goods' under section 2(7) of the Sale of Goods Act, 1930 is
(a) descriptive
(b) exhaustive
(c) exhaustive and descriptive
(d) declaratory.
26. 'Goods' within the meaning of section 2(7) of the Sale of Goods Act, 1930 includes
(a) actionable claim(s)
(b) money
27. Section 2(7) of the Sale of Goods Act, 1930, the term 'goods' does not include
(a) stock and share
(b) growing crops
(c) grass
28. Which of the following are 'goods' within the meaning of section 2(7) of the Sale of Goods Act, 1930
(a) things attached to land which are agreed to be severed before sale
(b) things forming part of the land agreed to be severed before sale
29. Transfer of actionable claim(s) is governed by
(a) The Transfer of Property Act, 1882
(b) The Sale of Goods Act, 1930
(c) The Indian Contract Act, 1872
(d) all the above.
30. 'A person is said to be 'insolvent' who has ceased to pay his debts in the ordinary course of business, or
cannot pay his debts as they become due whether he has committed an act of insolvency or not', is the
definition of insolvency given in
(a) The Indian Partnership Act, 1932
(b) The Sale of Goods Act, 1930
(c) The Indian Contract Act, 1872
(d) all the above.

89
31. Who is 'insolvent', has been stated in the Sale of Goods Act, 1930, under
(a) section 2(6)
(b) section 2(7)
(c) section 2(8)
(d) section 2(9).
32. The Sale of Goods Act, 1930
(a) does not define the term mercantile agent
(b) defines the term mercantile agentunder section 2(9)
(c) defines the term mercantile agentunder section 2(10)
(d) defines the term mercantile agent under section 3.
33. The question of the insolvency of a buyer, under the Sale of Goods Act, 1930, is of importance in
connection with
(a) the seller's lien on the goods
(b) the right of stoppage in transit
34. "Mercantile agent" means the person
(a) who sell goods, or consigns for the purpose of sell, or buy goods or raise money on security of goods
(b) who only sell or purchase
(c) who only consign goods
(d) who only transfer goods.
35. 'Price' under section 2(10) of the Sale of Goods Act, 1930, means
(a) the money consideration
(b) the consideration given in the form of goods
(c) partly money consideration and pa; consideration in goods
36. The term 'property' has been defined, in the Sale of Goods Act, 1930 under
(a) section 2(9)
(b) section 2(10)
(c) section 2(11)
(d) section 2(12).

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37. The word "Property" in the Sale of Goods Act, 1930 means
(a) seller or transferer
(b) buyer or purchaser
(c) goods or subject matter
(d) ownership or title.
38. Under section 2(11) of the Sale of Goods Act, 1930, the property in goods means
(a) the general property or ownership ii goods
(b) the specific property or ownership ii goods
39. The propositions are

I. The general property in goods can be with one person while the special property in the same goods be
with the another person.
II. The transfer of general property in goods to one person can be done subject to a special property in the
same goods in another person.
III. The special property in goods can be only with the person having general property goods.
In respect of the aftersaid proposition which of the following is true
(a) I is correct, II & III are incorrect
(b) I & II are correct, III is incorrect
(c) I & III are correct, II is incorrect
(d) II & III are correct, I is incorrect.
40. 'Quality of goods' under section 2(12) of the Sale of Goods Act, 1930 has a reference
(a) fitness for a particular purpose
(b) state or condition
(c) description
41. The term 'Specific goods' has been defined in the Sale of Goods Act, 1930, under
(a) section 2(12)
(b) section 2(15)
(c) section 2(13)
(d) section 2(14).
42. Under section 2(14) of the Sale of the Goods Act, 1930, 'specific goods' means
(a) goods which are capable of identification
(b) generic goods

91
(c) goods identified and agreed upon
43. Which of the following are not goods within the meaning of section 2(7) of the Sale of Goods Act, 1930
(a) jubilee coins
(b) coins of antiquity
(c) current coins Sold as curiosity
44. Seller means a person
(a) who sells or agrees to sell goods
(b) who only sells good
(c) who only agrees to sell goods
(d) none of above.
45. Contract of Sale under section 4 of the Sale of Goods Act, 1930 comprises of
(a) executory contract of sale
(b) executed contract of sale
(c) both executory and executed contracts of sale
46. The Fixed Deposit Receipts (FDRs) are goods within the meaning of section 176 of the Indian Contract
Act, 1872 and section 2(7) of the Sale of Goods Act, 1930. The statement is
(a) false
(b) ambigous
(c) partly true
(d) true.
47. In a contract of sale of goods, under section 4 of the Sale of Goods Act, 1930, there
(a) must be transfer of absolute or general property in the goods
(b) must be a transfer of special property in the goods
(c) must be transfer of either absolute or special property in the goods
48. Whether a given contract is one of sale or some other kind of contract, in respect of goods, it is a
question of
(a) form
(b) substance
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(c) terminology
(d) both form and substance.
49. A contract of sale under section 4 of the Sale of Goods Act, 1930
(a) may be absolute
(b) may be conditional
50. The judgment of the Supreme Court in Indian Steel and Wire Products v. State of Madras, AIR 1968 SC
478, is a decision on
(a) sale and statutory transaction
(b) contract of sale and contract for work or service
(c) contract of sale and hire-purchase
(d) contract of sale and bailment.
51. The distinction between a contract for work or service and a contract for sale, has been summarised by
the Supreme Court, in
(a) Safdarjung Sugar Mills Ltd. v. The State of Mysore & Others, AIR 1972 SC 87
(b) New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar, AIR 1963 SC 1207
(c) Chhittermal Narain Dass v. Commissioner of Sales Tax, Uttar Pradesh, AIR 1970 SC 2000
(d) Commissioner of Sales Tax, Madhya Pradesh v. Purshottam Premji, 1970(2) STC 287.
52. Where under an agreement, the buyer has a right to return the goods at any time and thereby himself
from any further obligation as regards payment is a contract of
(a) sale
(b) bailment
(c) hiring 59.
(d) agency.
53. A 'sale of goods' under the Sale of Goods Act, 1930, creates
(a) a jus in rem
(b) a jus in personam
(d) either (a) or (b) depending on the facts & circumstances of the case. 60.
54. Which of the following is true as regards an 'agreement to sell' in respect of goods
(a) it is an executed contract which creates a jus in rem

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(b) it is an executory contract which creates a jus in personam
(c) it is an executed contract which creates a jus in personam
(d) it is an executory contract which creates a jus in rem.
55. In a conditional contract of sale of goods under section 4 of the Sale of Goods Act, 1930, the conditions
(a) has to be contingent
(b) has to be promissory
(c) may be either contingent or promissory
(d) only promissory and not contingent.
56. The distinction between sale and agreements to sell determines
(a) rights and liabilities of the parties to contract
(b) nature of goods in the contract
(c) nature of property in the contract
(d) price of the contract.
57. Where under a contract of sale of goods, obligations of one party are kept in abeyance till the fulfilment
of certain conditions, it is a case of
(a) condition precedent
(b) condition concurrent
(c) condition subsequent 64.
58. Where under a contract of sale, a condition provides for the defeasance of a certain right on the
happening of a specified event, such a condition is a
(a) condition concurrent
(b) condition subsequent 65.
(c) condition precedent
59. Where in a contract of sale, a condition his been inserted for the benefit of both the parties
(a) may be waived by either party unilaterally
(b) it may be waived by mutual agreement
(c) it cannot be waived
60. In a conditional contract of sale of goods, a condition inserted for the benefit of one party is waived by
that party, and that party
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(a) cannot insist upon that condition in future
(b) can insist upon that condition in future as a matter of right
(c) can insist upon that condition in future only if that party gives a reasonable notice of such intention to the of party
61. Where the goods are not specific and ascertained at the time of the making of the contract, the contract
can be
(a) contract of sale
(b) agreement to sell
62. In an agreement to sell, the property in goods is transferred
(a) in future
(b) at present
63. Quasi-contracts of sale have been dealt with under
(a) the Sale of Goods Act, 1930
(b) the English Sale of Goods Act, 1893
64. Formalities of the Contract of Sale of Goods have been provided in the Sale of Goods Act, 1930, under
(a) section 5
(b) section 6
(c) section 4
(d) section 7.
65. Which of the following is necessary for the formation of the contract of sale of goods under section 5 of
the Sale of Goods Act, 1930
(a) payment
(b) delivery
(c) both payment and delivery
(d) neither payment nor delivery.
66. Which of the following is not an essential ingredient of a contract of sale of goods
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(a) passing of title in goods
(b) physical delivery of goods
(c) both (a) and (b)'
67. Under section 5 of the Sale of Goods Act, 1930, a contract of sale of goods can be
(a) in writing
(b) by words of mouth
(c) partly in writing and partly by words of mouth
68. A contract of sale of goods under section 5 of the Sale of Goods Act, 1930 may provide for
(a) immediate payment and immediate delivery
(b) delivery of goods and payment by instalments
69. If a transfer of title in goods from one person to the other is brought about under statutory compulsion,
it will, within the meaning of the Sale of Goods Act, 1930
(a) be no sale at all
(b) always be a sale
(c) depend on the facts of each case and terms of the particular statute regulating the dealings whether there can be contract
of sale
(d) only (b) and not (a) or (c).
70. Chapter II of the Sale of Goods Act, 1930 provides for
(a) subject-matter of contract of sale of goods
(b) formation of a contract of sale of goods
(c) effects of the contract of sale of goods
(d) performance of the contract of sale of goods.
71. Under section 6 of the Sale of Goods Act, 1930, the subject-matter of a contract of sale of goods, can be
(a) the existing goods owned and possessed by the seller
(b) the future goods which are yet to be produced
(c) either existing or future goods
(d) only existing goods & not future goods.
72. A contract for sale of goods to be delivered at a future date shall

96
(a) be invalid if the seller has not the goods in present possession
(b) be invalid if the seller has not contracted for the purchase of those goods
(c) be invalid if the seller only expects or hopes to acquire
(d) not be invalid if the seller has not got the goods in present possession nor has contracted for the purchase of the same nor
has any expectation of getting them.
73. A contract of present sale of future goods, under section 6(3) of the Sale of Goods Act, 1930, operates as
a
(a) contract of sale
(b) agreement to sell
(c) either (a) or (b) depending on the terms of the contract
(d) estoppel or quasi contract of sale.
74. A wagering contract is not
(a) forbidden by law
(b) void
(c) unenforceable
(d) neither (a) nor (b) or (c).
75. In Gherulal Parekh v. Mahadeo Das Maiya & Other, AIR 1959 SC 781, it has been held that wagering
contracts are
(a) opposed to public policy
(b) immoral
(c) both opposed to public policy and immoral
(d) neither opposed to public policy nor immoral.
76. In case of absence of transfer of title or registration, the purchaser
(a) can claim damages for breach of conditions or warrantees
(b) cannot claim damages for breach of conditions and warrantees
(c) can claim full price back
(d) none of above.
77. Section 7 of the Sale of Goods Act, 1930 is applicable
matter of sale are perished or damaged after the contract of sale
(b) where the goods which are the subject- matter of sale are perished or damaged before the contract of sale

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78. Section 7 of the Sale of Goods Act, 1930 makes contract of sale
(a) voidable at the instance of the buyer
(b) voidable at the instance of the seller
(c) void
79. Under section 7 of the Sale of Goods Act, 1930, a contract for sale of specific goods is void
(a) where the goods have perished/damaged without knowledge of the seller
(b) where the goods have perished/ damaged to the knowledge of the seller
(c) where the goods have perished/ damaged, irrespective of without or to the knowledge of the seller
(d) where the goods have perished/damaged to the knowledge of the buyer.
80. Section 7 of the Sale of Goods Act, 1930 is not applicable to
(a) f.o.b. contract
(b) c.i.f. contract
81. Section 8 of the Sale of Goods Act, 1930, in its application is
(a) confined to agreement to sell
(b) confined to contract of sale
(c) neither (a) nor (b)
82. Section 8 of the Sale of Goods Act, 1930 deals with cases of
(a) impossibility of performance of the contract before the formation of the contract
(b) impossibility of performance of the contract at the time of formation of the contract
(c) impossibility of performance of the contract subsequent to the formation of the contract
(d) all the above.
83. Section 8 of the Sale of Goods Act, 1930 is not applicable to
(a) generic goods
(b) specific goods
(c) unascertained goods which form a part of a specific subject-matter
84. Under section 8 of the Sale of Goods Act, 1930, the contract becomes
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(a) void ab initio
(b) avoided from the date of perishing of goods
(c) avoided from the date of knowledge of goods having been perished
85. Under section 8 of the Sale of Goods Act, 1930 a contract for sale of goods can be avoided where
(a) the goods have perished/damaged due to the fault of the buyer
(b) the goods have perished/damaged due to the fault of the seller
(c) the goods have perished/damaged due to the fault of either the buyer or the seller
(d) the goods have perished/damaged due to the fault neither of the buyer/nor the seller.
86. A contract of sale of goods, on goods having been damaged/perished subsequent to the formation of the
contract under section 8 of the Sale of Goods Act, 1930, can be avoided
(a) before the property in goods has passed to the buyer
(b) after the property in goods has passed to the buyer
(c) at any time irrespective of whether the property in goods has passed to the buyer or not
(d) only (b) not (a) or (c).
87. Section 9 of the Sale of Goods Act, 1931, provides for
(a) agreement to sell at a valuation
(b) ascertainment of price
(c) conditions and warranties
88. Where no price is fixed in a contract of sale of goods, under section 9 of the Sale of Goods Act, 1930
(a) the buyer shall pay the maximum price
(b) the buyer shall pay the lowest price
(c) the buyer shall pay a reasonable price
(d) the buyer shall pay the price as demanded by the seller.
89. If a contract for sale of goods is for sale of two or more things under an entire contract, the perishing of
some of them would
(a) avoid the whole contract
(b) not avoid the contract at all
(c) avoid the contract so far as it relates to the goods perished and not the whole contract

99
90. The prima facie evidence of a reasonable price within the meaning of section 9 of the Sale of Goods Act,
1930 is
(a) the current price
(b) the market price
(c) the one which the court fixes
(d) the average of the highest and the lowest price in a period of one year.
91. Under section 9 of the Sale of Goods Act, 1930, what is a reasonable price is
(a) a question of fact
(b) a question of law
(c) a mixed question of fact and law
92. Section 9 of the Sale of Goods Act, 1930 provides for fixing the price of goods
(a) by the contract itself
(b) in the manner agreed upon by the parties
(c) in the course of dealing between the parties
93. Section 10 of the Sale of Goods Act, 1930 provides for fixation of price of goods
(a) by the valuation of a third party
(b) by the arbitrator
(c) by the Central Government
(d) by the Judge.
94. The duty of fixing value for the goods, under section 10 of the Sale of Goods Act, 1930
(a) can be delegated by the valuer
(b) can be delegated by the valuer with the consent of the buyer
(c) cannot be delegated by the valuer
(d) can be delegated by the valuer with the leave of the court.
95. Where the price of the goods under a contract of sale has to be determined by the valuation of a third
party, and the valuer fails or refuses to make the valuation, the contract under section 10 of the Sale of
Goods Act, 1930, shall
(a) become void
(b) be voidable
(c) remain valid

100
(d) become impossible.
96. Where the price of the goods under a contract of sale is to be fixed by the valuation of a third party who
fails to fix the valuation, but goods are supplied to the buyer, under section 10 of the Sale of Goods Act,
1930 the buyer is
(a) liable to pay the reasonable price of the goods
(b) liable to pay the minimum price of the goods
(c) not liable to pay any price until fixed by the valuer
(d) liable to pay the maximum retail price.
97. Where a third party is prevented from making the valuation of goods, as price to be paid by the buyer to
the seller, by a party to the agreement, under section 10 of the Sale of Goods Act, 1930, the other party has a
right to
(a) sue for specific performance
(b) sue for damages
98. Under section 10 of the Sale of Goods Act, 1930 in cases where under an agreement two valuers, one
appointed by each party, have to function, in such cases, the valuation by one alone is
(a) sufficient
(b) futile
(c) sufficient with the leave of the court
99. Section 11 of the Sale of Goods Act, 1930 provides for
(a) stipulation as to time in a contract of sale
(b) conditions
(c) warranties
(d) all the above.

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INDIAN PENAL CODE, 1860
1. The Fundamental principle of criminal liability is embodied in the maxim "actus non facit reum nisi
mens sit rea". The maxim was developed by:
(a) Equity Courts
(b) Common Law Courts
(c) Sadar Nizamat Court
2. 'Wrongful gain' means
(a) gain by lawful means of property which the person gaining is not entitled
(b) gain by unlawful means of property which the person gaining is not entitled
(c) gain by unlawful means of property which the person gaining is entitled
(d) all the above.
3. 'Wrongful loss' means
(a) loss by unlawful means of property which the person losing it, is legally entitled
(b) loss by lawful means of property which the person losing it is not legally entitled
(c) loss by lawful means of property which the person losing is not legally entitled
(d) all the above.
4. The provision of personation at elections under section 171D of IPC
(a) shall apply to a person who has been authorised to vote as proxy for an elector under any law in force
(b) shall not apply to a person who has been authorised to vote as proxy for an elector under any law in force
(c) does not lead to any restriction under any law in force
5. 'Dishonestly' has been defined as doing anything with intention to cause wrongful gain to one person &
wrongful loss to another, under
(a) section 21
(b) section 23
(c) section 24
(d) section 25.
6. 'Fraudulently' has been defined as doing anything with intent to defraud
(a) section 23
(b) section 25
(c) section 24
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(d) section 26.
7. When a criminal act is done by several persons in furtherance of the common intention of all
(a) each of such person is liable for that act in the same manner as if it were done by him alone
(b) each of such person is liable for his own overt act
(c) each of such person shall be liable according to the extent of his participation in the crime
(d) both (b) & (c).
8. Which among these Codes, is included in the Schedule to the Prevention of Money- Laundering Act,
2002.
(a) Civil Procedure Code
(b) Criminal Procedure Code
(c) Indian Penal Code
(d) none of these.
9. To establish section 34 of IPC
(a) common intention be proved but not overt act be proved
(b) common intention and overt act both be proved
(c) common intention need not be proved but overt act be proved
(d) all the above.
10. Section 34 of IPC
(a) creates a substantive offence
(b) is a rule of evidence
11. 'X' & 'Y' go to murder 'Z'. 'X' stood on guard with a spear in hand but did not hit 'Z' at all. Y killed 'Z'
(a) only 'Y' is liable for murder of Z
(b) 'X' & 'Y' both are liable for murder of 'Z'
(c) 'X' is not liable as he did not perform any overt act
(d) both (a) & (c).
12. 'Voluntarily' has been defined as an effect caused by means whereby a person intended to cause it or by
means, at the time of employing those means, know or had reason to believe to be likely to cause it under
(a) section 39
(b) section 38
(c) section 37
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(d) section 40.
13. Under section 45 of IPC, life denotes
(a) life of a human being
(b) life of an animal
(c) life of human being and of an animal both
(d) life of either human being or animal.
14. Under section 46 of IPC, death denotes
(a) death of a human being
(b) death of an animal
(c) death of a human being and of an animal both
(d) death of either human being or an animal.
15. Illegal signifies
(a) everything which is an offence
(b) everything which is prohibited by law
(c) everything which furnishes ground for civil action
(d) all the above.
16. Animal denotes
(a) any living creature including human being
(b) any living creature other than a human being
(c) any creature - live or dead
17. How many types of punishments have been prescribed under the Indian Penal Code
(a) three
(b) six
(c) five
(d) four.
18. Under section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment
(a) has to be wholly rigorous
(b) has to be wholly simple
(c) can be partly rigorous and partly simple

104
19. Sentence of imprisonment for non-payment of fine under section 64 of IPC
(a) shall be in excess of any other imprisonment to which an offender has been sentenced
(b) shall be concurrent of any other imprisonment
(c) shall not be in excess of any other imprisonment
(d) both (b) & (c).
20. Under section 65 of IPC sentence of imprisonment for non-payment of fine shall be limited to
(a) one-third of the maximum term of imprisonment fixed for the offence
(b) one-fourth of the maximum term of imprisonment fixed for the offence
(c) one-half of the maximum term of imprisonment fixed for the offence
(d) equal to the maximum term of imprisonment fixed for the offence.
21. In case of an offence punishable with fine only, imprisonment for non-payment of fine
(a) has to be rigorous
(b) has to be simple
(c) can be rigorous or simple
(d) can be partly rigorous and partly simple.
22. Under section 498A of IPC cruelty includes
(a) harassment of the woman
(b) physical cruelty only
(c) mental cruelty only
(d) cruelty by wife.
23. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine of not
exceeding Rs. 100 but exceeding Rs. 50, the imprisonment in default of payment of fine shall not exceed
(a) two months
(b) three months
(c) four months
(d) six months.
24. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine exceeding Rs.
100, the imprisonment in default of payment of fine shall not exceed
(a) one year
(b) six months
(c) four months
(d) two months.

105
25. Section 64 of IPC provides for
(a) nature & maximum limit of imprisonment for non-payment of fine
(b) nature & minimum limit of imprisonment for non-payment of fine

(c) nature but does not prescribe any limit of imprisonment for non-payment of fine
(d) limit of imprisonment for non-payment of fine but does not prescribe the nature of imprisonment.
26. Imprisonment for non-payment of fine shall terminate
(a) on payment of fine
(b) on expiry of the term of imprisonment for non-payment
(c) both (a) & (b)
27. In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence
(a) shall be reduced proportionately
(b) shall not be reduced in direct proportion to the fine paid
(c) shall be reduced but subject to the discretion of the court as to the quantum of reduction
(d) all of the above.
28. Section 73 of IPC provides for the maximum limit of solitary confinement to be
(a) one year
(b) two years
(c) three months
(d) six months.
29. If an offender has been sentenced to imprisonment not exceeding six months, the solitary confinement
(a) shall not exceed 15 days
(b) shall not exceed one month
(c) shall not exceed two months
(d) shall not exceed forty-five days.
30. If an offender is sentenced to imprisonment for a term exceeding six months but not exceeding one
year, the term of solitary confinement
(a) shall not exceed one month
(b) shall not exceed forty-five days
(c) shall not exceed two months
(d) shall not exceed three months.
31. If an offender is sentenced to imprisonment for a term exceeding one year, the term of solitary
confinement shall not exceed
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(a) one month
(b) two months
(c) three months
(d) six months.
32. Nothing is said to be done or believed to be done in goodfaith which is done or believed without due
care & intention - is the definition of goodfaith contained in
(a) section 29 of IPC
(b) section 29A of IPC
(c) section 52 of IPC
(d) section 52A of IPC.
33. General exceptions are contained in
(a) chapter III of IPC
(b) chapter IV of IPC
(c) chapter V of IPC
(d) chapter VI of IPC.
34. Section 76 provides that nothing is an offence which is done by a person who is or who by reason of
(a) mistake of fact in good faith believes himself to be bound by law to do it
(b) mistake of law in good faith believes himself to be bound by law to do it
(c) mistake of fact believes himself to be bound by morals to do it
(d) all the above.
35. Under section 79, nothing is an offence which is done by a person who is justified by law or who by
reason of mistake of fact in goodfaith believes himself to be
(a) bound by law to do it
(b) justified by law to do it
(c) bound by morality to do it
(d) all the above.
36. The maximum 'ignorantia juris non excusat' means
(a) ignorance of law is no excuse
(b) ignorance of fact is no excuse
(c) ignorance of law is an excuse
(d) ignorance of fact is an excuse.
37. Section 76 & section 79 of IPC provide the general exception of

107
(a) mistake of law
(b) mistake of fact
(c) both mistake of law and fact
(d) either mistake of law or of fact.
38. Accident as an exception has been dealt with in
(a) section 77
(b) section 78
(c) section 80
(d) section 82.
39. Under section 80, the exception of accident is available when an offence is committed while
(a) doing a lawful act in a lawful manner by lawful means
(b) doing a lawful act in any manner by any means
(c) doing a lawful act in a lawful manner by any means
(d) all the above.
40. The principle as to the way in which a man should behave when he has to make a choice between two
evils is illustrated in
(b) section 81 of IPC
(d) section 78 of IPC.
41. The motive under section 81 of IPC should be
(a) prevention of harm to person
(b) prevention of harm to property
42. 'Infancy' as an exception has been provided under
(a) section 80
(b) section 81
(c) section 82
(d) section 84.
43. Section 82 of IPC provides that nothing is an offence which is done by a child under
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(a) six years of age
(b) seven years of age
(c) nine years of age
(d) ten years of age.
44. Section 82 of IPC enunciates
(a) a presumption of fact
(b) a rebuttable presumption of law
(c) a conclusive or irrebuttable presumption of law
45. A person is stated to be partially incapax under section 83, IPC if he is aged
(a) above seven years and under twelve years
(b) above seven years and under ten years
(c) above seven years and under sixteen years
(d) above seven years and under eighteen years.
46. Section 83 of IPC lays down
(a) a presumption of fact
(b) an inconclusive or rebuttable presumption of law
(c) conclusive or irrebuttable presumption of law
(d) irrebuttable presumption of fact.
47. Section 82 of IPC lays down the rule of
(a) wholly incapax
(b) partially incapax
(c) both (a) & (b)
48. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child
(a) of below seven years of age
(b) of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding
(c) of above seven years of age but below twelve years having attained sufficient maturity and understanding
(d) all the above.
49. The maxim 'actus nott facit rea nisi mens sit rea' means
(a) crime has to be coupled with guilty mind

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(b) there can be no crime without a guilty mind
(c) crime is the result of guilty mind
(d) criminal mind leads to crime.
50.1. The physical aspect of crime is actus reas.

II. The mental aspect of crime is mens rea.
III. The motive is the desire to commit crime Which of the following is correct for the aforesaid
(a) I & II are correct but III is not correct
(b) only II & III
(c) only II & III
(d) all the above.
51. Section 84 of IPC provides for
(a) medical insanity
(b) legal insanity
(c) moral insanity
(d) unsoundness of mind of any kind.
52. Irresistible impulse is a defence
(a) in India
(b) in England
(c) in India and England both
(d) neither in India nor in England.
53. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability
by virtue of
54. Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind
is incapable of knowing
(a) the nature of the act
(b) that what he is doing is wrong
(c) that what he is doing is contrary to law
55. Which of the following is correct

110
(a) the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution
(b) the burden of proving that the accused was insane at the time of commission of offence is on the accused
(c) there is a rebuttable presumption of fact that accused was insane at the time of commission of the offence
(d) it is a matter of inference to be drawn by the court on the facts proved by the prosecution.
56. For unsoundness of mind, the impairment of the cognitive faculty of mind to escape criminal liability
(a) must be total
(b) must be partial
(c) both (a) & (b)
57. Intoxication as defence is contained in
(d) both (a) & (b).
58. For a defence of intoxication, to escape criminal liability, the degeneration of mental faculties
(a) must be total
(b) must be partial
(c) both (a) & (b)
(d) only (b) above is correct & (a) is incorrect.
59. For a defence of intoxication, to escape criminal liability, the intoxication
(a) can be self administered
(b) administered against his will or knowledge
(c) should not be self administered
(d) all the above.
60. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of IPC
(a) the existence of mens rea is presumed
(b) the specific mens rea is not presumed
(c) the specific mens rea depends upon the attending circumstances & the degree of intoxication
61. The doctrine 'volenti non fit injuria' is contained in

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(d) all the above.
62. The defence of 'consent' applies to
(a) private wrongs
(b) public wrongs
(c) both (a) & (b)
63. The defence of 'consent' is restrictive in its applicability in cases involving
(a) alienable rights
(b) inalienable rights
(c) both (a) &(b)
64. The defence of 'consent' is not available in cases of
(a) consent to cause death
(b) consent to cause grievous hurt
(c) both (a) & (b)
65. Operation of consent to all offences, short of causing death intentionally, has been extended under
66. Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind
(a) can be given by their guardians without any restriction
(b) can be given by the guardian subject to restrictions mutually agreed upon
(c) can be given by the guardians subject to restrictions imposed by law
(d) all the above.
67. The consent is not a valid consent under section 90
(a) if given under a fear of injury or misconception of fact
(b) if given by a person of unsound mind

112
(c) if given by a child below 12 years of age
(d) all the above.
68. Consent given under compulsion arising out of threat of injury
(a) excuses the causing of death
(b) excuses causing of any offence against the state punishable with death
(c) both (a) & (b)
69. The maxim 'de minimus non curat lex' means
(a) law would not take action on small & trifling matter
(b) law does not ignore any act which causes the slightest harm
(c) law would not take action in serious matters
(d) all the above.
70. The principle 'de minimus non curat lex' is contained in
71. The right of private defence is contained in
72. The right to private defence is based on the natural instinct of
(a) self-preservation
(b) self-respect
(c) self-sufficiency
(d) self-reliance.
73. The right to private defence is
(a) unrestricted
(b) subject to restriction contained in section 99 of IPC
(c) subject to restrictions contained in Chapter IV of IPC

113
(d) subject to restrictions contained in any other provision of IPC.
74. Right to private defence is
(a) available under all circumstances
(b) available where there is time to have the recourse to the protection of public authorities
(c) available where there is no time to have recourse to the protection of public authorities
(d) all of the above.
75. The law on private defence in India
(a) is the same as in England
(b) is narrower than the one in England
(c) is wider than the one in England
76. The right to private defence is available with respect to
(a) harm to body
(b) harm to movable property
(c) harm to immovable property
(d) all the above.
77. Under section 98 right to private defence also is available against a
(a) person of unsound mind
(b) person who does not have maturity of understanding
(c) both (a) & (b)
78. Every person has a right of private defence of his own body and the body of any other person against
any offence affecting the human body, has been provided
(a) under section 96 of IPC
(b) under section 97 of IPC
(c) under section 98 of IPC
(d) under section 99 of IPC.
79. Every person has a right of private defence of his property or of any other person against certain
offences affecting the property, has been provided
(a) under section 95 of IPC
(b) under section 96 of IPC
(c) under section 97 of IPC

114
(d) under section 98 of IPC.
80. Right of private defence is not available
(a) to the aggressor
(b) to the person who is attacked
(c) to the aggressor against an act done in private defence by the person attacked
(d) only (a) & (c) are correct.
81. In a case of free fight between two parties
(a) right of private defence is available to both the parties
(b) right of private defence is available to individuals against individual
(c) no right of private defence is available to either party
(d) right to private defence is available only to one party.
82. Under section 99, the right of private defence is
(a) not available at all against public servants engaged in the discharge of their lawful duties
(b) available under all circumstances against public servants engaged in the discharge of their lawful duties
(c) available against public servants only when their acts cause reasonable apprehension of death or grievous hurt
(d) available against public servants only when their acts cause reasonable apprehension of damage to property.
83. Right to private defence under section 99
(a) extends to causing more harm than is necessary for the purpose of defence
(b) does not extend to causing more harm than is necessary for the purpose of defence
(c) does not extend to causing the harm necessary for the purpose of defence
(d) restricts the harm caused to be less than the one necessary for the purpose of defence.
84. Right of private defence extends to causing death, under the circumstances laid down in
(a) sections 100 & 101 of IPC
(b) sections 101 & 102 of IPC
(c) sections 102 & 103 of IPC
(d) sections 100 & 103 of IPC.
85. Right of private defence of the body extends to causing death has been dealt with under

115
86. Right of private defence of property extending to causing death has been dealt with under
87. In cases of assault causing reasonable apprehension of death or of grievous hurt, the right of private
defence extends voluntarily
(a) causing grievous hurt
(b) causing death
(c) causing any harm other than death
(d) causing any harm other than death or grievous hurt.
88. In cases of assault with intention of committing rape or of gratifying unnatural lust, the right of private
defence extends voluntarily
(a) causing any harm including death
(b) causing any harm other than death
(c) causing any harm other than grievous hurt
(d) both (b) & (c).
89. In cases of kidnapping & abduction the right of private defence extends voluntarily causing
(a) any harm other than death
(b) any harm other than death & grievous hurt
(c) any harm including death
(d) both (a) & (b).
90. In cases of robbery or dacoity, the right of private defence extends voluntarily causing
(a) any harm including death
(b) any harm other than death
(c) any harm other than grievous hurt
(d) both (b) & (c).
91. Where a wrong doer commits house breaking by night, the right to private defence extends to
voluntarily causing
(a) any harm other than death
(b) any harm including death
(c) any harm other than death and grievous hurt

116
92. Where a wrong leads to mischief by fire on a building used as a human dwelling or a place for custody
of property the right of private defence extends voluntarily causing
(a) any harm including death
(b) any harm other than death
(c) any harm other than death & grievous hurt
93. Under section 102 of IPC the right to private defence of the body
(a) commences as soon as a reasonable apprehension of danger to the body arises and continues as long as that
apprehension continues
(b) commences as soon as a reasonable apprehension of danger to the body arises and continues even after that
apprehension ceases
(c) commences only when the assault is actually done & continues during the period of assault
(d) commences only when the assault is actually done & continues after the assailant has left.
94. Under section 105 of IPC, the right of private defence of property in cases of theft commences when a
reasonable apprehension of danger to the property commences and
(a) continues till the offender has effected his retreat with the property
(b) continues till the assistance of public authorities is obtained
(c) continues till the property has been recovered
(d) all the above.
95. Section 106 of IPC extends the right of private defence, in case of apprehension of death, to causing
(a) any harm other than death to any innocent person
(b) any harm other than grievous hurt to any innocent person
(c) any harm including death to any innocent person
96. Chapter V of Indian Penal Code deals with
(a) abetment
(b) attempt
(c) elections
(d) religion.
97. Right of private defence is not available
(a) against any act which in itself is not an offence
(b) against any act which is not legal wrong

117
(c) against any act which is a moral wrong
(d) all the above.
98. Section 97 of IPC extends the right of private defence of property, to the offence of
(a) cheating
(b) misappropriation
(c) theft & robbery
(d) criminal breach of trust.
99. Abetment under section 107 of IPC can be constituted by
(a) instigation
(b) conspiracy
(c) intentional aid
(d) all the above.
100. Abettor is a person
(a) who commits the offence
(b) who instigates the commission of offence
(c) against whom the offence is committed
(d) who is innocent.

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1

INDIAN CONTRACT ACT, 1872

1. An agreement enforceable at law is a

(a) enforceable acceptance

(b) accepted offer

(c) approved promise

(a) reciprocal promises

(b) cross offers

(c) conditional offer

(d) conditional promises.

4. An agreement not enforceable by law is stated to be void under

(a) section 2(d)

(b) section 2(e)

(c) section 2(f)

(d) section 2(g).

5. Void agreement signifies

(a) agreement illegal in nature

(b) agreement not enforceable by law

(c) agreement violating legal procedure

(d) agreement against public policy.

6. Offer as defined under section 2(a) is

(a) communication from one person to another

(b) suggestion by one person to another

(d) none of the above.

(c) provisionally agreed

(d) tentatively accepted.

8. A proposal when accepted becomes

(a) promise under section 2(b)

(b) agreement under section 2(e)

(c) contract under section 2(h)

(d) none of the above.

(a) reciprocal promise

(b) consideration for the promise

(c) counter offer

(a) acceptances for different proposals

(c) reciprocal promises

(a) reciprocal promise

(d) none of the above.

(a) a valid contract

(b) an illegal contract

(c) void contract

(d) a voidable contract.

13. Which is correct

(a) proposal + acceptance = promise

(b) promise + consideration = agreement

(c) agreement + enforceability = contract

(d) all the above.

14. In a valid contract, what comes first

15. Under section 2(c) promisor is the

(a) person who makes the proposal

(b) person who accepts the proposal

(c) person who makes the promise

(d) person to whom the proposal is made.

16. Under section 2(c) promisee is the

(a) person who makes the proposal

(b) person who accepts the proposal

(c) person who makes the promise

(d) person to whom proposal is made.

17. Goods displayed in a shop with a price tag is an

(b) invitation to offer

(c) counter offer

(d) none of the above.

(b) an invitation to offer