Junior Civil Judge Prelims Examination held on 12-07-2015 – Questions & Key

Junior Civil Judge Prelims Examination was conducted by the High Court of Judicature for the states of Andhra Pradesh and Telangana on 12-07-2015. As the candidates had to return the question paper after the examination, we have tried to gather as many questions as possible. As the candidates had to recall from their memories, the questions will not be exact wordings from the examination paper. We have tried to answer the questions and give explanations from the limited information available regarding the exactness of the questions. So, we do not guarantee either the correctness of the questions or the answers. However, we hope that we can give you clues to recall the questions and the answers you have marked by triggering your memory.

You can get the Question Paper and the Key from the official website of the High Court when they upload it.

Junior Civil Judge Preliminary Examination Dt. 12-07-2015

Click on the Question Number to open the Question.

We are able to gather only 80 questions out of the 100 questions in the examination. You are welcome to add any question that we have missed. Please use the “Comment Box” at the bottom of the page after “Leave a Reply” to add the question. Thank you!

Indian Contract Act

1. Section 70 and 72 of the Indian Contract Act deal with –

a. Unjust enrichment

b. Frustration

Hint: Unjust enrichment is where one person is unjustly or by chance enriched at the expense of another. Both Sections 70 and 72 deal with such cases where an obligation to make compensation or restitution arises, regardless of liability for wrongdoing.

2. ‘A’ has left some goods in B’s house by mistake which are being utilised by B for his own use. Now, B is liable to –

a. to pay the value of the goods to A

b. need not pay any compensation to A

c. restore the goods to A

Hint: Section 70 of Indian Contract Act clearly talks about two scenarios done non-gratuitously. (1)‘A’ does something lawful for ‘B’ (service) & (2) ‘A’ delivers something to ‘B’ (goods). In the first case, ‘B’ is bound to make compensation to ‘A’ in respect of the thing so done. In the second case, ‘B’ is bound to restore the thing so delivered to ‘A’. The Question given comes under the second category hence the answer is “restore the goods to A”.

3. When a contract has been breached, if a sum is named in the contract as the amount to be paid in case of such breach, the party complaining of such breach is entitled to –

a. receive compensation only when actual loss or damage is suffered

b. receive compensation not exceeding the sum mentioned in the contract

Hint: According to Section 74 of the Indian Contract Act, the party complaining of the breach is entitled to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named in the contract, whether or not actual damage or loss is proved to have been caused by the breach.

4. Which of the following contracts is not a void contract by its very nature

a. Agreement in restraint of Trade

b. Contingent Contract

c. Wagering Contract

Hint: Section 35 of the Indian Contract Act

5. Mr. M employed Mr. N and agreed to compensate for any damages caused by Mr. N. Mr. O’s goods were damaged due to actions of Mr. N. Now,

a. M is liable to indemnify Mr. N for the damages

b. M can directly pay the damages to Mr. O

c. M is liable to indemnify Mr. N for the damages

Hint: The correct answer would have been “Mr. M is liable to indemnify Mr. O for the damages”. But that is not given in the options and instead the same answer is printed in options ‘A’ and ‘C’. Hence, the correct answer is Mr. M can directly pay the damages to Mr. O. Refer Sections 124 & 126 of the Indian Contract Act.

 

6. Novation of a Contract means –

a. A contract which is a continuation of an older Contract

b. Substitution of a new contract in place of an old contract

Hint: Section 62 of the Indian Contract Act.

 

7. Liability of surety is –

a. Co-extensive with that of principal debtor

Hint: Refer Section 128 of Indian Contract Act

Code of Civil Procedure

8. The provisions of Section 10 of the Code of Civil Procedure are –

a. discretionary

b. mandatory

Hint: The wordings of Section 10 begin with – “No Court shall” – which make the provisions mandatory.

9. Industrial Disputes Act, 1947, bars the jurisdiction of Civil Courts –

a. Expressly

b. Impliedly

Hint: It was held in C.T. Nikam Vs. Municipal Corporation of Ahmedabad, AIR 2002 SC 997 that jurisdiction of Civil Court is impliedly barred in an industrial dispute and the appropriate forum for resolution of such dispute is the forum constituted under Industrial Disputes Act, 1947.

Expressly barred – indicates an express provision in an enactment or statute where legislature bars the jurisdiction of Civil Court.

Impliedly barred – where a special Act sets up a special hierarchy of Tribunals specially empowered to adjudicate upon rights and obligations created by that special Act, then the jurisdiction of civil Court is impliedly barred.

10. When a judgement is passed by a Civil Court which has no jurisdiction, then the provisions of res judicata

a. shall apply

b. shall not apply

Hint: It was held in Management of Sonepat Co-op. Sugar Mills Ltd. Vs. Ajit Singh, AIR 2005 SC 1050 that the principle of res judicata is a procedural provision. A jurisdictional question, if wrongly decided, would not attract the principles of res judicata. When an order is passed without jurisdiction, the same becomes a nullity. When an order is a nullity, it cannot be supported by invoking procedural principle.

11. Every suit shall be instituted –

a. in the Court of the lowest pecuniary jurisdiction competent to try it

Hint: Section 15 of the Code of Civil Procedure.

12. The concept of res subjudice is dealt in –

a. Code of Civil Procedure

b.Code of Criminal Procedure

c. Transfer of Property Act

d. None of the above

Hint: Section 10 of Code of Civil Procedure

13. Which among the following properties is not liable to attachment in execution of decree –

a. Promissory Note

b. Hundis

c. Books of Account

Hint: Section 60 Proviso (d) excludes books of account from properties liable to attachment or sale in execution of decree.

14. Notice is mandatory to file a suit against the Government according to –

a. Section 80 of Code of Civil Procedure

15. Public interest litigation under Code of Civil Procedure can be filed according to –

a. Section 91

b. Section 92

16. When the amount or value of the subject matter of the original suit does not exceed ten thousand rupees, then –

a. No appeal lies

b. Only review lies but not appeal

c. No appeal shall lie except on a question of Law

Hint: According to Section 96 (4) of the Code of Civil Procedure, no appeal shall lie, except on a question of law, when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees. Initially, the amount used to be three thousand rupees, but it has been raised to ten thousand rupees with effect from 1st July, 2002 by the Amendment Act of 1999.

17. ‘A’ files a suit and it was returned to comply with certain objections within 15 days but he forgot to file within 15 days. Then the Court may permit extension of time under –

a. Section 148 of Code of Civil Procedure

Hint: Section 148 of Code of Civil Procedure deals with enlargement of time.

18. A suit in representative capacity can be filed by virtue of –

a. Order I Rule 8 of Code of Civil Procedure

19. A person entitled to more than one relief in respect of the same cause of action, omits to sue for all such reliefs. Then –

a. He cannot afterwards sue for such omitted reliefs

b. If he omits with the leave of the Court, he can sue afterwards for such omitted reliefs

Hint: Refer Order II Rule 2 (3)

20. Pleadings to state –

a. Material facts

b. Evidence

c. Material facts and evidence

Hint: Refer Order VI Rule 2

21. If a party fails to amend Pleadings within time, then the Court

a. Shall not allow amendment of Pleadings

b. Can allow the amendment of pleadings if the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial.

Hint: Refer Order VI Rule 17

22. Inconsistent pleadings can be raised in –

a. Plaint

b. Written Statement

c. Can be raised in Plaint or Written Statement

d. Cannot be raised at all

Hint: According Oder VIII Rule 8, addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement would not be objectionable while adding, altering or substituting a new cause of action in the plaint may be objectionable.

23. Perpetual Injunction can be executed under –

a. Section 38 of Specific Relief Act

b. Order XXI Rule 32 of Code of Civil Procedure

24. Doctrine of non-Traverse is dealt in

a. Order VIII Rule 3, 4 and 5 of Code of Civil Procedure

Hint: Doctrine of non-Traverse means that where a material averment is passed over without specific denial, it is taken to be admitted. Rule 5 says that any allegation of fact must either be denied specifically or by necessary implication or there should be a statement that the fact is not admitted. Case Law – Smt. Asha Kapoor v. Sh. Hari Om Sharda (2010 Delhi High Court)

25. In a suit filed by or against the Central Government is represented by –

a. Secretary to the Central Government

b. District Collector and Magistrate

c. The Ministry of the concerned Department of the Central Government

Hint: Refer Section 80 (a) of the Code of Civil Procedure

26. Mutatis Mutandis means –

a. The things being changed which need to be changed

27. What is the maximum period within which the Judgement has to be pronounced –

a. 30

b. 60

c. 90

Hint: Refer Order XX Rule 1

28. The Court has to make copy of the Judgement available to the parties within how many days of the pronouncement of the Judgement?

a. 7 days

b. 10 days

c. 5 days

d. Immediately

Hint: Refer Order XX Rule 6B

29. Can the Magistrate try a suit on a holiday

a. Yes, in exceptional circumstances with the consent of both the parties

30. If the Court recognises that it has no jurisdiction in the middle of the proceedings in the trial of a suit, then it is

a. returned to the proper Court

b. rejected

Indian Penal Code

31. Act of a child under ____ years of age is not an offence?

a. 7 years

b. 7 to 9 years

c. 12 years

d. Less than 7 years

Hint: Refer Section 82 of IPC.

32. Giving false evidence is an offence under

a. 191 of Indian Penal Code

33. When the punishment for attempt of an offence is not specifically prescribed in the Indian Penal Code, the punishment can be

a. Not exceeding ½ of the longest term provided for the offence

b. Not exceeding ¼ of the longest term provided for the offence

Hint: Refer Section 511 of the Indian Penal Code

34. Punishment for adultery can extend up to

a. 4 years

b. 7 years

c. 5 years

Hint: Refer Section 497 of the Indian Penal Code.

35. Offence under Section 497 of the Indian Penal Code is compoundable in the states of Andhra Pradesh and Telangana.

a. Yes

b. No

c. Yes, with the permission of the High Court

Hint: Andhra Pradesh Act 3 of 1992, Section 2

36. Injury under IPC relates to –

a. Mind, body, reputation, property

Hint: Refer Section 44 of the Indian Penal Code

37. ‘X’ gave the keys of his house to ‘Z’ who is a security guard. ‘Z’ entered into X’s house in the night to commit theft. Then, ‘Z’ has committed –

a. House breaking

b. House breaking by night

c. Lurking House trespass

Hint: refer Section 445 and 446 of the Indian Penal Code

38. The stage of preparation is

a. Punishable

b. Not punishable

c. Punishable in some circumstances

Specific Relief Act

39. A suit under Specific Relief Act can be filed within how many months of dispossession

a. 6 months

Hint: Refer Section 6 (2) (a) of specific Relief Act

40. The jurisdiction Court to decree specific performance is –

a. Discretionary

b. Mandatory

Hint: Refer Section 20 of Specific Relief Act

41. A suit for possession of immovable property based on previous possession and not on title, when the plaintiff is dispossessed, can be filed within

a. 12 years

Hint: Refer Section 5 of Specific Relief Act

42. Which among the following is necessary in a suit for specific performance –

a. Readiness and willingness on the part of the plaintiff

Hint: Section 16 (c) of Specific Relief Act

43. Which of the following section deals with cancellation of instrument

a. Section 31

A.P. Rent Control Act

44. ‘A’ is paying a rent of Rs. 4000 per month. Does the A.P. Rent Control Act apply to him?

a. Yes

b. No

Hint: According to Section 32, this Act does not apply to any building the rent of which exceeds Rs. 3,500 per month in Municipal Corporations and Rs. 2,000 per month in other areas as on the date of commencement of this Act.

45. No order of eviction shall be passed against any tenant who is employed in essential services notified by the Government, unless the landlord is also employed in essential service.

Code of Criminal Procedure

46. The period of imprisonment which can be awarded in case of breach of an order of maintenance after the execution of the warrant issued for levying the amount due is

a. 6 weeks

b. 1 month

Hint: Refer Section 125 (3) of Cr.P.C.

47. According to the provisions of which section of Cr.P.C., the Magistrate may dispense with the personal attendance of the accused

a. Section 205 of Cr.P.C.

48. Period of limitation for taking cognizance of the offence which is punishable with imprisonment for a term not exceeding one year

a. One year

Hint: Refer Section 468 of Cr.P.C.

49. The powers of revision may be exercised by

a. District Court

b. High Court

c. District Court and High Court

Hint: Refer Sections 399 and 401 of Cr.P.C.

50. Under Cr.P.C., District and Sessions Judge has power to quash the FIR under

a. Section 482

b. Section 364

c. None of the above

Hint: District and Sessions Judge has no such power.

51. Compoundable offences are listed under

a. Section 320 of Cr.P.C.

52. The purpose of inquest under Section 174 of Cr.P.C. is

a. to know the number of injuries

b. to know the cause of death

Hint: Section 174 of Cr.P.C.

53. Under the provisions of which section of the Code of Criminal Procedure, the Court may proceed against any person who is found, in the course of inquiry or trial, to have committed any offence for which he was not accused

a. Section 319 of Cr.P.C.

54. The police can re-investigate a case

a. cannot re-investigate at all

b. can re-investigate with the permission of the Magistrate

c. can re-investigate with the permission of the Public Prosecutor

d. can re-investigate on their own

Indian Evidence Act

55. Motive, preparation, previous or subsequent conduct are –

a. relevant facts

b. relevant facts only if they form part of the same transaction

c. not relevant facts

Hint: Refer Section 8 of the Indian Evidence Act.

56. Extra-Judicial confession is

a. hear-say evidence

b. substantive evidence

c. not a substantive evidence

Hint: Section 24 of the Indian Evidence Act

57. Which of the following statements is true –

a. Conviction can be based on dying declaration.

58. In criminal proceedings, previous good character is –

a. relevant

b. not relevant

Hint: Section 53 of the Indian Evidence Act

59. Evidence of character or previous sexual experience of the victim is

a. shall be relevant

b. shall not be relevant

Hint: Section 53A of the Indian Evidence Act

Negotiable Instruments Act

60. Offences under Section 138 of the Negotiable Instruments Act are

a. compoundable

Hint: Section 147 of the N.I. Act

61. Limitation period to give notice when the cheque is dishonoured is

a. 1 month

b. 15 days

Hint: Section 138 of the N.I. Act

Hindu Law

62. When the consent for the marriage was obtained by force or by fraud as to any material fact or circumstance, then such marriage is

a. Void

b. Voidable

Hint: Refer Section 12 (1) (c) of the Hindu Marriage Act

63. If either of the parties has a living spouse at the time of the marriage, then such marriage is

a. Void

b. Voidable

Hint: Refer Section 5 (i) of the Hindu Marriage Act.

64. Hindu Marriage Act is not applicable to

a. Buddhists

b. Jains

c. Sikhs

d. Parsis

Hint: Refer Section 2 (c) of the Hindu Marriage Act

65. A married B and a son was born to them. Later they divorced. Then the son becomes

a. Legitimate child

b. Illegitimate Child

Hint: Section 16 of the Hindu Marriage Act.

66. Desertion is a ground for divorce if it is for continuous period of not less than ___ years immediately preceding the presentation of the petition.

a. 1 year

b. 2 years

c. 5 years

d. 7 years

Hint: Refer Section 13 (1) (ib) of the Hindu Marriage Act

67. A suit for maintenance pendente lite and expenses of proceedings can be filed under Section 24 of the Hindu Marriage Act by

a. Wife

b. Husband

c. Either Wife or husband

68. Which among the following is not a ground for divorce

a. Schizophrenia

b. Leprosy

c. Cancer

d. Venereal Disease

69. A husband who is suffering from HIV is seeking restitution of conjugal rights. Can he be granted restitution?

a. Yes

b. Yes, if he is under proper medical treatment.

c. No

70. A Court has passed order for permanent alimony. A petition was filed after 3 or 4 years to enhance the alimony. Is the suit maintainable?

a. Yes

b. No

c. Yes, with the permission of High Court

Hint: Refer Section 25 (2) of Hindu Marriage Act and Section 25 of the Hindu Adoptions and Maintenance Act.

71. Parents, who do not have sufficient means to maintain themselves, filed a suit on their two daughters – one married and the other unmarried – who are having sufficient means. Is the suit maintainable?

a. Yes

b. No

Hint: Refer Section 20 of the Hindu Adoptions and Maintenance Act

72. Is the attesting witness bound by contents of the document

a. Yes

b. No

73. As per Section 54 of the Transfer of Property Act, contract for sale does not itself create any charge on such property.

74. Where the mortgagor binds himself to repay the mortgaged money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will retransfer it to the mortgagor upon payment of the mortgage money as agreed, then the transaction is called –

a. Usufructuary mortgage

b. Mortgage by conditional sale

c. English mortgage

d. Equitable mortgage

Hint: Section 58 (e) of the Transfer of Property Act.

Easements, Stamp, Registration & Limitation Acts

75. An easement can be acquired by prescription when used uninterruptedly for a period of __ years.

a. 20 Years

Hint: Refer Section 15 of the Indian Easements Act (Government Estate – 30 years)

76. Which of the following easement rights can be acquired by prescription?

a. Free passage of light

b. Underground water

c. None of the above

Hint: Refer Section 17 of the Indian Easements Act

77. Which of the following instruments can be impounded?

a. Unduly stamped instrument

78. ‘A’ sold motor car to ‘C’. Registration is?

a. Necessary

b. Not required

c. Optional

Hint: Refer Section 18 of the Registration Act.

79. Section 5 of the Limitation Act is not applicable to

a. An application under Order XXI of C.P.C.

b. Arbitration proceedings

80. Third party exhibits are marked as –

a. C

b. P

c. X

d. Y

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