Jharkhand HJS (District Judge) — Prelims Pattern Mock 4 (100 Questions)

Q1. [CPC] Under Section 13 CPC, a foreign judgment is NOT conclusive where it:

• A. Has been pronounced by a court of competent jurisdiction
• B. Sustains a claim founded on a breach of any law in force in India
• C. Is on the merits of the case
• D. Is founded on a correct view of international law

Q2. [CPC] Objection as to the place of suing under Section 21 CPC shall be allowed by an appellate court only if:

• A. Raised at any stage
• B. Taken in the court of first instance at the earliest opportunity and there is consequent failure of justice
• C. Raised for the first time in second appeal
• D. The decree is otherwise correct

Q3. [CPC] For grant of a temporary injunction under Order 39 Rule 1 CPC, the three settled requirements are prima facie case, balance of convenience and:

• A. Prior notice to the collector
• B. Irreparable injury
• C. Payment of court fee on the injunction
• D. A registered agreement

Q4. [CPC] A reference to the High Court under Section 113 CPC is made by:

• A. A party aggrieved by a decree
• B. A subordinate court entertaining reasonable doubt on a question of law
• C. The High Court suo motu on any suit
• D. The Supreme Court on a reference back

Q5. [CPC] A caveat lodged under Section 148A CPC remains in force for a period of:

• A. 30 days
• B. 60 days
• C. 90 days from the date on which it was lodged
• D. 180 days

Q6. [CPC] Under Section 100A CPC, no further appeal (letters patent appeal) lies from the judgment and decree of:

• A. A trial court
• B. A single judge of a High Court deciding an appeal
• C. The Supreme Court
• D. A District Judge in first appeal

Q7. [CPC] Under Order 21 Rule 22 CPC, notice before execution is mandatory where the application for execution is made more than a stated period after the date of the decree, namely:

• A. One year
• B. Two years
• C. Three years
• D. Twelve years

Q8. [CPC] Judgment under Section 2(9) CPC means the statement given by the judge of the grounds of a:

• A. Decree or order
• B. Plaint
• C. Written statement
• D. Commission report

Q9. [CPC] On the death of one of several plaintiffs where the right to sue survives, Order 22 Rule 2 CPC provides that:

• A. The suit abates wholly
• B. The court shall cause an entry to that effect and the suit shall proceed at the instance of the surviving plaintiffs
• C. The legal representatives must be added compulsorily
• D. The suit is stayed

Q10. [CPC] A suit by an indigent person under Order 33 CPC is one where the plaintiff:

• A. Is a minor
• B. Does not possess sufficient means to pay the court fee prescribed for the plaint
• C. Belongs to a scheduled caste
• D. Resides outside India

Q11. [CPC] The maximum period of detention in civil prison in execution of a decree for payment of money exceeding five thousand rupees under Section 58 CPC is:

• A. Six weeks
• B. Three months
• C. Six months
• D. One year

Q12. [Limitation] Under Section 9 of the Limitation Act, once time has begun to run:

• A. It stops on the death of the plaintiff
• B. No subsequent disability or inability to institute a suit stops it
• C. It is suspended during any legal disability arising later
• D. It restarts on every acknowledgement automatically

Q13. [Limitation] Where a suit is founded on the fraud of the defendant, Section 17 of the Limitation Act provides that the period of limitation does not begin to run until:

• A. The suit is filed
• B. The plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it
• C. The defendant admits the fraud
• D. The court frames issues

Q14. [Limitation] Under Section 27 of the Limitation Act, on the expiry of the period prescribed to a person for instituting a suit for possession of property, his right to such property:

• A. Merely becomes unenforceable but subsists
• B. Is extinguished
• C. Revives on acknowledgement
• D. Passes to the State

Q15. [Specific Relief] The remedy under Section 6 of the Specific Relief Act is based on possession, and against a decree or order under Section 6:

• A. An appeal and review are both allowed
• B. No appeal and no review shall lie
• C. Only a second appeal lies
• D. Revision lies to the Supreme Court

Q16. [Specific Relief] Under Section 16 of the Specific Relief Act (post-2018), specific performance may be refused where the plaintiff:

• A. Has always been ready and willing to perform
• B. Fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract
• C. Has paid the earnest money
• D. Is a minor represented by a guardian

Q17. [Specific Relief] Cancellation of an instrument under Section 31 of the Specific Relief Act may be sought by a person against whom a written instrument is void or voidable, who has reasonable apprehension that the instrument, if left outstanding, may:

• A. Increase in value
• B. Cause him serious injury
• C. Be lost
• D. Be registered late

Q18. [Specific Relief] A mandatory injunction under Section 39 of the Specific Relief Act is granted to compel the performance of certain acts necessary to prevent the breach of an obligation, where the court is capable of:

• A. Awarding damages instead in every case
• B. Compelling the performance of the requisite acts
• C. Referring to arbitration
• D. Ordering rescission

Q19. [Specific Relief] Under Section 20A of the Specific Relief Act, in a suit relating to a contract for an infrastructure project, no injunction shall be granted by the court if it would cause:

• A. Any inconvenience to the contractor
• B. Impediment or delay in the progress or completion of such infrastructure project
• C. Loss of profit to the developer
• D. A change in the contract price

Q20. [BNS 2023] An act done by a judge when acting judicially in the exercise of a power which he in good faith believes to be given to him by law is:

• A. An offence
• B. No offence
• C. Culpable homicide not amounting to murder
• D. Punishable as abuse of office

Q21. [BNS 2023] The defence of unsoundness of mind under BNS requires that at the time of the act the person, by reason of unsoundness of mind, was incapable of knowing:

• A. The identity of the victim
• B. The nature of the act, or that it was wrong or contrary to law
• C. The value of stolen property
• D. The time of the offence

Q22. [BNS 2023] A communication made in good faith to a person for his benefit is not an offence even if it causes harm, illustrating the principle of:

• A. Necessity
• B. Good-faith communication for benefit
• C. Private defence
• D. Accident

Q23. [BNS 2023] When several persons act in furtherance of a common intention, each is liable for the criminal act as if done by him alone. This principle of joint liability turns on:

• A. Common object of an assembly
• B. A pre-arranged plan and participation in furtherance of common intention
• C. Mere presence at the scene
• D. Membership of an association

Q24. [BNS 2023] An attempt to commit an offence is punishable because there is:

• A. Mere preparation
• B. An act done towards the commission of the offence with the requisite intent, falling short of completion
• C. A completed offence
• D. Only a change of mind

Q25. [BNS 2023] The sudden fight exception applies where death is caused in a sudden fight in the heat of passion upon a sudden quarrel and the offender:

• A. Took undue advantage or acted in a cruel manner
• B. Did not take undue advantage or act in a cruel or unusual manner
• C. Used a firearm
• D. Premeditated the quarrel

Q26. [BNS 2023] Organized crime, when committed by a crime syndicate through unlawful activity, is now a specific offence under:

• A. The IPC only
• B. The Bharatiya Nyaya Sanhita, 2023
• C. The BNSS
• D. The Evidence Act

Q27. [BNS 2023] The essential distinction between kidnapping from lawful guardianship and abduction is that abduction:

• A. Applies only to minors under a fixed age
• B. Requires the use of force or deceitful means to compel or induce a person to go from any place
• C. Is not an offence by itself but often accompanies another offence
• D. Requires taking beyond India

Q28. [BNS 2023] Criminal breach of trust is committed where a person entrusted with property or dominion over it dishonestly:

• A. Borrows it with permission
• B. Misappropriates or converts it to his own use, or disposes of it in violation of law or contract
• C. Returns it late
• D. Sells it after the trust ends

Q29. [BNS 2023] Forgery under BNS is committed by making a false document or false electronic record with intent to cause damage or injury, or to support a claim, or to commit:

• A. A lawful transaction
• B. Fraud or that fraud may be committed
• C. A charitable act
• D. A registered sale

Q30. [BNS 2023] Criminal intimidation is committed by threatening another with injury to his person, reputation or property, or to that of someone in whom he is interested, with intent to:

• A. Educate him
• B. Cause alarm, or to cause him to do or omit an act he is not legally bound to do or omit
• C. Insure his property
• D. Register a complaint

Q31. [BNS 2023] Under the BNS definitions, a person is said to do a thing dishonestly if he does it with the intention of causing:

• A. Public benefit
• B. Wrongful gain to one person or wrongful loss to another
• C. Reasonable apprehension
• D. Grievous hurt

Q32. [BNSS 2023] On receiving information about a non-cognizable offence, the officer in charge of a police station shall:

• A. Investigate immediately without any order
• B. Enter the substance in the prescribed book and refer the informant to the Magistrate, investigating only with the Magistrate’s order
• C. Arrest the accused at once
• D. Close the matter

Q33. [BNSS 2023] Default or statutory bail arises when the investigation is not completed and the charge sheet is not filed within the maximum period of detention, entitling the accused to bail on the ground that:

• A. The offence is bailable
• B. The prescribed period for completing investigation has expired
• C. The accused is a woman
• D. No FIR was registered

Q34. [BNSS 2023] At the stage of framing of charge in a warrant case, the court frames a charge if, upon consideration of the record and documents, it is of the opinion that:

• A. The accused is certainly guilty
• B. There is ground for presuming that the accused has committed the offence
• C. The witnesses are reliable beyond doubt
• D. The accused has confessed

Q35. [BNSS 2023] A judgment in a criminal trial under BNSS must contain the point or points for determination, the decision thereon, and:

• A. Only the sentence
• B. The reasons for the decision
• C. The names of the witnesses alone
• D. The costs awarded

Q36. [BNSS 2023] The successor to the old provision for maintenance of wives, children and parents under BNSS enables an order against a person of sufficient means who neglects or refuses to maintain his:

• A. Distant relatives
• B. Wife unable to maintain herself, legitimate or illegitimate minor child, and father or mother unable to maintain themselves
• C. Employer
• D. Neighbours

Q37. [BNSS 2023] BNSS expressly permits trial in absentia of a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arresting him, so that the trial may:

• A. Never proceed
• B. Proceed and conclude in his absence in the manner prescribed
• C. Be transferred to a civil court
• D. Be stayed indefinitely

Q38. [BNSS 2023] Under BNSS, on the arrest of a person, the police officer shall prepare a memorandum of arrest attested by at least one witness and:

• A. Kept secret from the family
• B. Countersigned by the arrested person, with information of the arrest displayed and given to a relative or friend
• C. Sent only to the court
• D. Destroyed after 24 hours

Q39. [Evidence/BSA] A statement made by a person as to the cause of death or circumstances of the transaction resulting in death, where the cause of death is in question, is admissible as a:

• A. Hearsay bar
• B. Dying declaration
• C. Leading question
• D. Privileged communication

Q40. [Evidence/BSA] Where a document is admitted under the BSA rules permitting secondary evidence, an example of secondary evidence is:

• A. The original itself
• B. A certified copy of the document
• C. The person who wrote it
• D. An eyewitness

Q41. [Evidence/BSA] Leading questions, under the BSA, may ordinarily be asked in:

• A. Examination-in-chief
• B. Cross-examination
• C. Re-examination
• D. None

Q42. [Evidence/BSA] Where there is reasonable ground to believe that two or more persons conspired, anything said, done or written by any one of them in reference to their common intention is a relevant fact against:

• A. Only the speaker
• B. Each of the conspirators
• C. None of them
• D. The victim

Q43. [Evidence/BSA] A tenant of immovable property is estopped, during the continuance of the tenancy, from denying that his landlord had:

• A. Paid the rent
• B. Title to that property at the beginning of the tenancy
• C. Any children
• D. A registered deed

Q44. [Evidence/BSA] The BSA permits a court to presume the genuineness of every document purporting to be the Official Gazette. This is a presumption as to:

• A. Private documents
• B. Genuineness of certain official documents
• C. Character
• D. Conduct

Q45. [Evidence/BSA] In cross-examination under the BSA, a witness may lawfully be asked questions which tend to:

• A. Only support his own side
• B. Test his veracity, discover who he is, or shake his credit
• C. Prove the case-in-chief only
• D. Refresh the judge’s memory

Q46. [Evidence/BSA] When the question is whether a person did a particular act, the fact that he was in the habit of doing such acts (similar occurrences) is, under the BSA, generally:

• A. Conclusive
• B. Not relevant merely to show a disposition, save where a system or intention is in issue
• C. Always relevant
• D. Privileged

Q47. [Evidence/BSA] A person who was granted a licence to occupy land is, under the BSA principle analogous to tenant estoppel, precluded from denying, during the licence, the title of the person who granted the:

• A. Sale deed
• B. Licence
• C. Gift
• D. Mortgage

Q48. [Constitution] Article 13 declares that laws inconsistent with the Fundamental Rights shall, to the extent of the inconsistency, be:

• A. Valid
• B. Void
• C. Merely voidable
• D. Constitutional

Q49. [Constitution] Article 15(1) prohibits the State from discriminating against any citizen only on grounds of religion, race, caste, sex or:

• A. Wealth
• B. Place of birth
• C. Language
• D. Education

Q50. [Constitution] Article 20(3) provides that no person accused of an offence shall be compelled to be:

• A. Present in court
• B. A witness against himself
• C. Represented by counsel
• D. Tried in absentia

Q51. [Constitution] Article 25 guarantees freedom of conscience and the right freely to profess, practise and propagate religion, subject to public order, morality, health and:

• A. Executive orders
• B. The other provisions of Part III
• C. State policy
• D. Parliamentary approval

Q52. [Constitution] The writ of habeas corpus is issued to:

• A. Quash an order
• B. Bring a detained person before the court to examine the legality of detention
• C. Restrain a usurper of office
• D. Compel a duty

Q53. [Constitution] Fundamental Duties were added to the Constitution as Part IVA (Article 51A) on the recommendation of the:

• A. Sarkaria Commission
• B. Swaran Singh Committee
• C. Punchhi Commission
• D. Kothari Commission

Q54. [Constitution] The Vishaka v. State of Rajasthan judgment laid down binding guidelines to address:

• A. Custodial torture
• B. Sexual harassment of women at the workplace
• C. Bonded labour
• D. Environmental pollution

Q55. [Constitution] Under Article 233, a person not already in service of the Union or State is eligible for appointment as a district judge only if he has been an advocate or pleader for not less than:

• A. 3 years
• B. 7 years
• C. 5 years
• D. 10 years

Q56. [Constitution] A National Emergency under Article 352 may be proclaimed on the ground of war, external aggression or:

• A. Financial instability
• B. Armed rebellion
• C. Failure of constitutional machinery
• D. Breakdown of law and order in one district

Q57. [Constitution] The right to a speedy trial has been recognised as implicit in Article 21 beginning notably with:

• A. Hussainara Khatoon v. State of Bihar
• B. Shreya Singhal
• C. Bijoe Emmanuel
• D. In re Berubari

Q58. [Contract] In the case of a general offer to the whole world, as in Carlill v. Carbolic Smoke Ball Co., acceptance is made by:

• A. Communicating an intention to accept
• B. Performing the conditions of the offer
• C. Signing a formal contract
• D. Depositing an advance amount

Q59. [Contract] An agreement made without consideration is valid under Section 25 when it is:

• A. Made orally between friends
• B. In writing, registered, and made on account of natural love and affection between parties standing in near relation
• C. A promise to pay any time-barred debt orally
• D. A wagering agreement

Q60. [Contract] Coercion, as defined under Section 15, includes:

• A. Only the committing of any act forbidden by the Indian Penal Code
• B. Committing or threatening to commit any act forbidden by law, or unlawful detaining of property
• C. Mere persuasion
• D. Innocent misrepresentation

Q61. [Contract] A contract is not voidable merely because it was caused by a mistake as to:

• A. Any law in force in India
• B. A foreign law
• C. A fact essential to the agreement
• D. The identity of the subject matter

Q62. [Contract] An agreement by way of wager is:

• A. Void, and no suit lies to recover anything won upon it
• B. Voidable at the loser’s option
• C. Valid and enforceable
• D. Illegal and punishable

Q63. [Contract] Where a person lawfully does something for another, not intending to do so gratuitously, and the other enjoys the benefit, the latter must:

• A. Do nothing
• B. Compensate the former under Section 70
• C. Return the goods only
• D. Ratify the act

Q64. [Contract] The rule in Hadley v. Baxendale relates to:

• A. The remoteness of damages recoverable for breach of contract
• B. The doctrine of frustration
• C. Privity of contract
• D. Consideration

Q65. [Contract] In a contract of guarantee, the person who gives the guarantee is called the:

• A. Principal debtor
• B. Surety
• C. Creditor
• D. Indemnifier

Q66. [Contract] The delivery of goods by one person to another for a specific purpose, upon a contract that they be returned or dealt with as directed, is called:

• A. Pledge
• B. Bailment
• C. Sale
• D. Gift

Q67. [Contract] As a general rule, an agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally. This relates to:

• A. Appointment of a sub-agent under Section 190
• B. Ratification
• C. Termination of agency
• D. Del credere agency

Q68. [Property] A right of re-entry for breach of a condition subsequent can be transferred:

• A. To anyone
• B. To no one apart from the owner of the property affected thereby
• C. Freely by gift
• D. By sale to a stranger

Q69. [Property] A contingent interest under Section 21 becomes vested when:

• A. The property is registered
• B. The specified uncertain event happens
• C. The transferor dies
• D. The transferee attains majority

Q70. [Property] A transfer of immovable property made with intent to defeat or delay the creditors of the transferor is, under Section 53:

• A. Void ab initio
• B. Voidable at the option of the creditors so defeated
• C. Valid
• D. Void against the transferee

Q71. [Property] A mortgage is the transfer of an interest in specific immovable property for the purpose of securing:

• A. A gift
• B. The payment of money advanced by way of loan or an existing or future debt
• C. A lease
• D. An easement

Q72. [Property] The right of the mortgagor to redeem the mortgaged property on payment of the mortgage money is called the:

• A. Right of foreclosure
• B. Right of redemption
• C. Right of marshalling
• D. Right of contribution

Q73. [Property] Where immovable property is made security for payment of money but the transaction does not amount to a mortgage, the arrangement creates a:

• A. Lease
• B. Charge under Section 100
• C. Gift
• D. Exchange

Q74. [Property] A lease may be determined by forfeiture where the lessee:

• A. Pays rent regularly
• B. Breaks an express condition providing for re-entry, or denies the lessor’s title
• C. Repairs the property
• D. Sub-lets with consent

Q75. [Property] A gift may be revoked, apart from grounds on which a contract may be rescinded, where the donor and donee agree that on the happening of a specified event, not depending on the donor’s will, it shall be:

• A. Suspended or revoked
• B. Confirmed
• C. Doubled
• D. Registered afresh

Q76. [Property] An interest in property restricted in its enjoyment to the owner personally cannot be:

• A. Enjoyed
• B. Transferred by him
• C. Mortgaged only
• D. Leased only

Q77. [Torts] In Ashby v White the plaintiff succeeded because:

• A. He suffered financial loss
• B. His legal right to vote was infringed
• C. The candidate he backed still won
• D. Malice was proved against all

Q78. [Torts] ‘Res ipsa loquitur’ in negligence shifts:

• A. The burden of proof to the defendant
• B. The cause of action to contract
• C. The liability to the plaintiff
• D. The forum to a criminal court

Q79. [Torts] ‘Volenti non fit injuria’ means:

• A. Ignorance excuses liability
• B. No injury is done to one who consents
• C. Necessity is a defence
• D. The law aids the vigilant

Q80. [Torts] Vicarious liability of a master for a servant’s tort arises where the tort is committed:

• A. Outside employment entirely
• B. In the course of employment
• C. Only with express command
• D. During a personal frolic

Q81. [Commercial] For an offence under Section 138 of the NI Act, the cheque must be presented within its validity and the notice of demand given within:

• A. Fifteen days of dishonour
• B. Thirty days of receipt of information of dishonour
• C. Sixty days of presentation
• D. Ninety days of drawing

Q82. [Commercial] An application to set aside an arbitral award is made under:

• A. Section 9
• B. Section 11
• C. Section 34
• D. Section 37

Q83. [Commercial] An operational creditor under the IBC is one to whom a debt is owed in respect of:

• A. A loan disbursed for time value of money
• B. Provision of goods or services
• C. Equity investment
• D. A guarantee only

Q84. [Commercial] Under the Indian Partnership Act, 1932 the effect of non-registration of a firm is that:

• A. The firm becomes illegal
• B. The firm cannot sue third parties to enforce contractual rights
• C. Partners lose all property
• D. The firm is automatically dissolved

Q85. [Commercial] An unpaid seller’s right of lien under the Sale of Goods Act is a right to:

• A. Resell without notice always
• B. Retain possession until payment of the price
• C. Rescind the sale automatically
• D. Recover damages only

Q86. [Jharkhand Local Law] Restrictions on transfer of the land of a member of the Scheduled Tribes in the Chotanagpur region are contained in the:

• A. Santhal Pargana Tenancy Act
• B. Chotanagpur Tenancy Act, 1908 (s.46)
• C. Bihar Tenancy Act
• D. Jharkhand Panchayati Raj Act

Q87. [Jharkhand Local Law] The Santhal Pargana Tenancy Act, 1949 applies to and protects the tribal tenancies of the:

• A. Kolhan area
• B. Santhal Pargana division
• C. Ranchi district only
• D. Palamu division

Q88. [Jharkhand Local Law] A special feature of the SPT Act, 1949 is that transfer of raiyati land is:

• A. Freely permitted
• B. Generally prohibited/absolutely restricted
• C. Permitted with registration
• D. Permitted by civil decree

Q89. [Jharkhand Local Law] Restoration of tribal land illegally transferred under the CNT Act is ordered by the:

• A. Civil Judge
• B. Deputy Commissioner / prescribed revenue authority
• C. High Court
• D. Gram Panchayat

Q90. [Jharkhand Local Law] ‘Khuntkatti’ tenure under the CNT Act refers to land held by the descendants of the:

• A. Zamindar
• B. Original clearers/founders of the village (Mundari)
• C. British Crown
• D. Municipal board

Q91. [Jharkhand Local Law] In the Scheduled Areas of Jharkhand, the powers of the Gram Sabha over minor minerals, minor forest produce and land alienation flow from:

• A. The CNT Act alone
• B. PESA, 1996 read with the Fifth Schedule
• C. The SPT Act alone
• D. The Municipalities Act

Q92. [Jharkhand Local Law] ‘Bhuinhari’ tenure denotes land held on the basis of original:

• A. Purchase
• B. Aboriginal/first-settler cultivation rights
• C. Government grant
• D. Mortgage

Q93. [Jharkhand Local Law] Land-record and tenancy administration in Jharkhand descends from the statutes of the erstwhile province of:

• A. Madras
• B. Bihar and Orissa
• C. Bombay
• D. Central Provinces

Q94. [Jharkhand Local Law] The traditional self-governance institution among the Ho/Munda tribes recognised in the Kolhan area is the:

• A. Zamindari
• B. Manki-Munda system
• C. Panchayat Samiti
• D. Board of Revenue

Q95. [Jharkhand Local Law] A transfer of raiyati land of a Scheduled Tribe member to a non-tribal in contravention of the CNT Act is:

• A. Valid
• B. Void and liable to restoration
• C. Merely voidable
• D. Registrable

Q96. [Jharkhand Local Law] Rural self-government in Jharkhand’s Scheduled Areas is constituted under the:

• A. CNT Act
• B. Jharkhand Panchayat Raj Act, 2001 (consistent with PESA)
• C. SPT Act
• D. Bihar Tenancy Act

Q97. [Jharkhand Local Law] The constitutional advisory body for tribal welfare in a Fifth Schedule State like Jharkhand is the:

• A. State Finance Commission
• B. Tribes Advisory Council
• C. Board of Revenue
• D. State Human Rights Commission

Q98. [Jharkhand Local Law] The special civil courts under the SPT Act empowered to decide tenancy suits are the:

• A. Munsif courts
• B. Sub-Divisional Officer / prescribed SAR authorities
• C. High Court benches
• D. Consumer forums

Q99. [Jharkhand Local Law] The Governor’s special legislative/executive powers over the Scheduled Areas of Jharkhand derive from paragraph 5 of the:

• A. Fourth Schedule
• B. Fifth Schedule
• C. Sixth Schedule
• D. Seventh Schedule

Q100. [Jharkhand Local Law] The High Court of Jharkhand, on bifurcation from Bihar, is seated at:

• A. Dhanbad
• B. Ranchi
• C. Jamshedpur
• D. Dumka