DJS PT Test - Ii 19-11-2023

Rahul’ s a blue print of success
DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023

PRACTICE MOCK TEST SERIES
CRPC, ICA, ARBITRATION AND CONCILIATION ACT, ENGLISH & GK
TEST- II
Total Questions: 200

Maximum Marks: 200
Duration: 2:30 Hours
Date: 19/11/2023
1. Who appoints Executive Magistrates in a district or metropolitan area?
(a) The Chief Justice of the High Court
(b) The District Magistrate
(c) The State Government
(d) The Central Government
2. According to Section 25A(2) of the CrPC, what is the eligibility criterion for
being appointed as a Director or Deputy Director of Prosecution?
(a) At least 15 years of legal practice
(b) Holding a judicial office for 10 years
(c) Practicing as an advocate for at least 10 years
(d) Being a retired District Judge
3. What is the power of the High Court under Section 34(1) of the CrPC?
(a) To appoint Public Prosecutors
(b) To confer powers on any person under the CrPC
(c) To withdraw powers conferred under the CrPC
(d) To oversee the functioning of District Courts
4. Under Section 42 of the CrPC, in what circumstances can a police officer
arrest a person accused of a non-cognizable offence?
(a) If the person refuses to give their name and residence
(b) If the person is found guilty by a Magistrate
(c) If the person resists arrest for a cognizable offence
(d) If the person does not have valid identification
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5. What does Section 47(2) of the CrPC permit a police officer to do while
attempting to arrest a person?
(a) Arrest without a warrant in any situation
(b) Enter and search any place without a warrant
(c) Break open any door or window if admittance is not obtained
(d) Search without notifying the person to be arrested
6. According to Section 50(2) of the CrPC, what must a police officer inform a
person arrested without a warrant for a non-bailable offence?
(a) The reason for arrest
(b) The nearest court where they can be taken
(c) Their right to be released on bail
(d) The evidence against them
7. What does Section 53 of the CrPC authorize in the case of an arrested
person?
(a) Immediate release on bail
(b) Examination by a medical practitioner
(c) Immediate appearance before a Magistrate
(d) Interrogation by police without legal counsel
8. According to Section 47(3) of the CrPC, in what situation can a police officer
break open any door or window of a house or place?
(a) To arrest a person without a warrant
(b) To liberate themselves or another person lawfully inside for arrest
purposes
(c) To conduct a general search
(d) To question the occupants of the house
9. Under Section 204(A) of the CrPC, what power does the State Government
have concerning Executive Magistrates and sub-divisions?
(a) To appoint Executive Magistrates as Judges in sub-divisions
(b) To delegate its powers under Section 20(4) to the District Magistrate
(c) To directly oversee all actions of Executive Magistrates in sub-divisions
(d) To withdraw powers from Executive Magistrates without explanation
10. What is the primary role of the Director of Prosecution as per Section 25A(3)
of the CrPC?
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(a) To act as the chief legal advisor to the State Government
(b) To function under the administrative control of the Head of the Home
Department in the State
(c) To preside over all criminal trials in the State
(d) To independently operate without any administrative oversight
11. Section 34(2) of the CrPC addresses the withdrawal of powers conferred by
whom?
(a) The Supreme Court
(b) The Chief Judicial Magistrate or the District Magistrate
(c) The State Government
(d) The President of India
12. What is the procedure when a warrant needs to be executed outside the
jurisdiction of the issuing court as per Section 78(1) of the CrPC?
(a) The warrant must be executed by the High Court of the respective
jurisdiction.
(b) The warrant is forwarded to an Executive Magistrate or District
Superintendent of Police within the jurisdiction where it is to be
executed.
(c) The warrant can only be executed by a Central Government official.
(d) The warrant is considered void and a new one must be issued within
the proper jurisdiction.
13. What should accompany a warrant forwarded for execution outside
jurisdiction according CrPC?
(a) A detailed report of the accused's criminal history.
(b) The substance of the information against the person to be arrested
along with relevant documents.
(c) A letter of authorization from the Chief Justice.
(d) A copy of the FIR filed in the case.
14. Under the CrPC, in which scenario can a court order the attachment of
property of a person who has absconded?
(a) Immediately after issuing a non-bailable warrant.
(b) Any time after the issue of a proclamation, for reasons recorded in
writing.
(c) Only after the accused has been declared a fugitive by the High Court.
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(d) When the property is deemed to have been involved in the crime.
15. What is the condition for the sale of attached property when the proclaimed
person does not appear within the specified time, as per the CrPC?
(a) The property must be sold immediately upon attachment.
(b) It shall not be sold until the expiration of six months from the date of
attachment.
(c) The property can only be sold after a year from the date of attachment.
(d) It should be handed over to the victim as compensation.
16. What authority is granted to courts or police officers regarding the production
of documents or other things, under the CrPC?
(a) They can issue a search warrant to seize such documents or things.
(b) They may issue a summons or a written order to a person to produce
the document or thing.
(c) They have unrestricted access to any document without issuing a
summons.
(d) They can only request documents related to government records.
17. Under Section 83(4) of the CrPC, how can immovable property be attached?
(a) Only through the appointment of a receiver
(b) By taking possession, appointing a receiver, or prohibiting rent
payment to the proclaimed person
(c) Through public auction
(d) By sealing the property
18. Section 106(1) of the CrPC applies to persons convicted of certain offences.
What action can a Court take against such persons?
(a) Order immediate imprisonment
(b) Demand a fine payment
(c) Order the person to execute a bond for keeping the peace
(d) Place the person under house arrest
19. According to CrPC, where can proceedings for maintenance be initiated?
(a) Only in the district where the respondent resides
(b) In any district as chosen by the petitioner
(c) Where the respondent is, or where he/she or the spouse resides, or
last resided together
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(d) In the district where the marriage was registered
20. Under Section 155(2) of the CrPC, when can a police officer investigate a
non-cognizable case?
(a) Immediately after receiving the information
(b) With the order of a Magistrate having power to try such case
(c) After obtaining permission from the State Government
(d) If the case involves a public figure
21. What should an officer in charge of a police station do if there is not sufficient
evidence or reasonable ground of suspicion against an accused under the
CrPC?
(a) Continue to detain the accused until further evidence is found
(b) Forward the accused to a Magistrate
(c) Release the accused on executing a bond to appear before a
Magistrate
(d) Hand over the case to a higher authority
22. As per Section 172(2) of the CrPC, who may request the police diaries of a
case for assistance in inquiry or trial?
(a) The accused or their lawyer
(b) Any Criminal Court
(c) The public prosecutor
(d) The media for public information
23. Under Section 176(1A) of the CrPC, in what situations is an inquiry by a
Judicial or Metropolitan Magistrate mandatory?
(a) In all cases of accidental death
(b) Whenever a person dies or disappears, or rape is alleged, in custody
(c) In every case of death during a police encounter
(d) In all cases of death in prison
24. What does CrPC specify regarding the decision on jurisdiction in case of
doubt where two or more Courts have taken cognizance of the same offence?
(a) The Supreme Court will decide
(b) The Court where the offence occurred has jurisdiction
(c) The High Court will decide
(d) The Central Government will assign jurisdiction
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25. Section 202 of the Code of Criminal Procedure empowers a Magistrate to:
(a) Directly issue process against the accused without preliminary inquiry.
(b) Postpone the issue of process against the accused and direct an
investigation.
(c) Immediately commit the case to the Court of Session.
(d) Dismiss the complaint without issuing process.
26. As per Section 208 of the Code of Criminal Procedure, in cases triable
exclusively by the Court of Session, the Magistrate is required to:
(a) Furnish the accused with copies of all witness statements and
documents produce(d)
(b) Immediately transfer the case to the Court of Session without further
proceedings.
(c) Convict the accused if evidence is overwhelming.
(d) Dismiss the case if it lacks sufficient evidence.
27. Section 209 of the Code of Criminal Procedure relates to:
(a) Bail provisions.
(b) Commitment of case to Court of Session when offence is triable
exclusively by it.
(c) Evidence recording procedures.
(d) Trial procedures in special cases.
28. Under the Code of Criminal Procedure, when must the manner of committing
an offence be stated in the charge?
(a) When the offence is of a heinous nature.
(b) When the accused demands such details.
(c) When the particulars in sections 211 and 212 don't give sufficient
notice of the charge.
(d) In all cases without exception.
29. What is the effect of errors in stating the offence or particulars in the charge
according to CrPC?
(a) The case is immediately dismissed.
(b) Such errors or omissions are immaterial unless they mislead the
accused and cause a failure of justice.
(c) The charge is automatically altered.
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(d) The accused is acquitted.
30. Section 217 of the Code of Criminal Procedure allows for the recall of
witnesses when:
(a) The charge is altered or added to by the Court after the trial begins.
(b) The accused requests for the same.
(c) The prosecutor feels it is necessary.
(d) New evidence surfaces during the trial.
31. As per CrPC, when it is doubtful what offence has been committed, the
accused may be:
(a) Charged with the most serious offence.
(b) Not charged until further investigation.
(c) Charged with all or any of the offences that the facts may constitute.
(d) Immediately acquitted due to lack of clarity.
32. Under the Code of Criminal Procedure, what happens to remaining charges
upon conviction on one of several charges?
(a) They are automatically considered for appeal.
(b) The remaining charges may be withdrawn or the inquiry/trial stayed
(c) They are immediately dismissed
(d) The trial continues for the remaining charges.
33. Section 253 of the Code of Criminal Procedure pertains to:
(a) Conviction on plea of guilty in absentia in petty cases.
(b) Dismissal of frivolous complaints.
(c) Directions for police investigation.
(d) Provision for witness protection.
34. How can a previous conviction or acquittal be proved under Section 298,
CrPC?
(a) Solely by witness testimonies.
(b) By a certified extract from court records or jail records and evidence of
identity.
(c) Through public records only.
(d) By a statement from the accused
35. Section 311 of the Code of Criminal Procedure empowers a Court to:
(a) Dismiss a case if evidence is insufficient.
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(b) Summons any person as a witness at any stage of the proceeding.
(c) Alter the charges against the accused
(d) Order retrial of the case.
36. What provision does Section 317 provide for the absence of the accused
during inquiries and trials?
(a) The accused must always be present.
(b) The Judge or Magistrate can dispense with the accused's attendance
in certain cases.
(c) The trial is automatically postponed
(d) The accused's pleader can represent them without any special
permission.
37. Which of the following is true regarding the compounding of offences under
Section 320 of the Code of Criminal Procedure?
(a) All offences under the Indian Penal Code can be compounded
(b) Offences specified in a table under Section 320 can be compounded
by the persons mentioned in that table.
(c) The consent of the Court is not required for compounding any offence.
(d) Only offences involving physical harm can be compounded
38. Under the Code of Criminal Procedure, which of the following can be
compounded in a similar manner as the principal offence?
(a) Only abetment of the compoundable offence.
(b) Attempt to commit the compoundable offence and abetment.
(c) Only attempt to commit the compoundable offence.
(d) Neither attempt nor abetment of the compoundable offence.
39. Under the Code of Criminal Procedure, who may compound an offence if the
person competent to do so is a minor, an idiot, or a lunatic?
(a) The guardian of such person with the Court's permission.
(b) Any close relative of the minor.
(c) The legal representative of the minor.
(d) The Public Prosecutor.
40. As per Section 320(5) of the Code of Criminal Procedure, when is
compounding not allowed?
(a) After the accused has been convicted and an appeal is pending.
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(b) Before the trial begins.
(c) After the charges are framed but before conviction.
(d) During the investigation stage.
41. What does Section 321 of the Code of Criminal Procedure empower the
Public Prosecutor to do?
(a) File an appeal against the accused at any stage of the trial.
(b) Withdraw from the prosecution of any person before the judgment is
pronounced
(c) Compel the Court to deliver a judgment.
(d) Change the charges against the accused during the trial.
42. Under Section 322 of the Code of Criminal Procedure, what should a
Magistrate do if he realizes that he has no jurisdiction to try a case?
(a) Immediately acquit the accused
(b) Transfer the case to the appropriate Magistrate.
(c) Stay the proceedings and submit the case to the Chief Judicial
Magistrate.
(d) Continue the trial while reporting the matter to the High Court.
43. What is the provision under the Code of Criminal Procedure regarding
evidence recorded by one Magistrate and succeeded by another?
(a) The succeeding Magistrate cannot use the predecessor's recorded
evidence.
(b) The succeeding Magistrate must re-record all evidence.
(c) The succeeding Magistrate may act on the evidence recorded by his
predecessor.
(d) The case must be restarted before the succeeding Magistrate.
44. Which of the following powers is granted to the High Court under Section 368
of the Code of Criminal Procedure in cases submitted under Section 366?
(a) Only to confirm the sentence passed by the lower court.
(b) To annul the conviction and order a new trial.
(c) To modify the charges against the accused
(d) To transfer the case to another High Court.
45. As per Section 369 of the Code of Criminal Procedure, when the High Court
consists of two or more Judges, how is a sentence confirmed or a new
sentence or order passed?
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(a) By the senior-most Judge only.
(b) By a majority decision of the Judges.
(c) By at least two of the Judges.
(d) By the unanimous decision of all Judges.
46. Under Section 379 of the Code of Criminal Procedure, in which cases can an
accused appeal to the Supreme Court?
(a) In all cases where the High Court has convicted the accused
(b) Where the High Court has reversed an order of acquittal and
sentenced the accused to death or imprisonment for ten years or more.
(c) In any case involving a fundamental right.
(d) In all cases involving a sentence of life imprisonment.
47. What is the special right of appeal provided under Section 380 of the Code of
Criminal Procedure?
(a) Right to appeal directly to the Supreme Court.
(b) Right to appeal against any interlocutory order.
(c) Right of appeal in cases of joint trials where one of the convicted
persons has an appealable judgment.
(d) Right to appeal without the leave of the court.
48. According to the Code of Criminal Procedure, what is the procedure for
hearing appeals that are not dismissed summarily?
(a) Immediate decision on the appeal without further hearing.
(b) Issuing notice of the hearing to relevant parties and reviewing the case
record
(c) Directing a retrial in the lower court.
(d) Dismissal of the appeal on procedural grounds.
49. What happens to an appeal if the appellant dies, as per Section 394 of the
Code of Criminal Procedure?
(a) The appeal abates.
(b) The appeal continues with the legal representative of the appellant.
(c) The appeal is automatically transferred to the Supreme Court.
(d) The appeal is considered by a larger bench.
50. What is the scope of the revisionary powers under Section 397 of the Code of
Criminal Procedure?
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(a) To review any decision of an inferior court.
(b) To revise findings, sentences, orders, and proceedings of inferior
courts for correctness, legality, or propriety.
(c) To call for new evidence in a case.
(d) To alter charges in a case.
51. Under the Code of Criminal Procedure, a person may apply for anticipatory
bail when they:
(a) Have been arrested for a non-bailable offence.
(b) Believe they may be arrested on an accusation of a non-bailable
offence.
(c) Are being investigated for a bailable offence.
(d) Have been charged with a capital offence.
52. Which of the following conditions may not be imposed by the High Court or
Court of Session while granting anticipatory bail under Section 438(2) of the
(a) The person must surrender their passport.
(b) The person shall make themselves available for police interrogation as
required
(c) The person shall not leave India without the Court's permission.
(d) The person must deposit a sum of money as security.
53. As per Section 441 of the Code of Criminal Procedure, what is required before
a person is released on bail?
(a) A police report confirming the person's innocence.
(b) An appeal to the High Court.
(c) Execution of a bond by the person, and if on bail, by one or more
sureties.
(d) A statement of confession from the accused
54. Under the Code of Criminal Procedure, when can a Criminal Court dispose of
property used in the commission of an offence?
(a) Immediately after the property is seized
(b) When the trial is ongoing.
(c) At the conclusion of the inquiry or trial.
(d) Only after an appeal is filed
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55. What is the consequence of a Magistrate not empowered by law performing
actions listed in Section 461 of the Code of Criminal Procedure?
(a) The proceedings will be void
(b) The proceedings will be transferred to a higher court.
(c) The Magistrate will be subject to disciplinary action.
(d) The decision will be automatically appealed
56. Section 462 of the Code of Criminal Procedure specifies that no sentence or
order shall be set aside if the trial took place in the wrong local area, unless:
(a) The error is acknowledged by the prosecution.
(b) The accused was under 18 years of age.
(c) The error has occasioned a failure of justice.
(d) The defense counsel raises an objection.
57. According to the Code of Criminal Procedure, a finding, sentence, or order
shall not be reversed or altered due to any error or irregularity, unless:
(a) It has been objected to by the defense.
(b) It is a procedural error.
(c) A failure of justice has in fact been occasioned
(d) The error relates to the sanction for the prosecution.
58. Under the Code of Criminal Procedure, when does the period of limitation for
an offence commence?
(a) Only on the date of the offence.
(b) On the date when the offence came to the knowledge of the aggrieved
person or police.
(c) After the arrest of the accused
(d) When the trial begins.
59. What is the provision under Section 479 of the Code of Criminal Procedure
regarding the trial of cases by Judges or Magistrates?
(a) They can try any case irrespective of personal interest.
(b) They must recuse themselves in cases of personal interest, except with
permission from the appellate court.
(c) They can try cases where they are personally interested if they
disclose this interest.
(d) Personal interest has no impact on their ability to try a case.
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60. Section 482 of the Code of Criminal Procedure highlights the inherent powers
of the High Court. Which of the following is not an inherent power of the High
Court as per this section?
(a) To make orders necessary to prevent abuse of the process of any
Court.
(b) To revise any final judgment or order by a subordinate court.
(c) To secure the ends of justice.
(d) To give effect to any order under this Code.
61. Under Section 72 of the Code of Criminal Procedure, to whom is a warrant of
arrest ordinarily directed?
(a) Any public servant.
(b) One or more police officers.
(c) The accused's legal representative.
(d) A private investigator.
62. What is the procedure for serving a summons as per Section 62 of the Code
of Criminal Procedure?
(a) By an email to the person summoned
(b) Personally, by delivering or tendering one of the duplicates of the
summons.
(c) Through a public announcement in a local newspaper.
(d) By leaving the summons at the person's last known address.
63. How is a summons served on a corporation according to Section 63 of the
(a) By serving it to any employee of the corporation.
(b) By serving it on the secretary, local manager, or principal officer, or by
registered post to the chief officer in India
(c) Only through a court officer.
(d) By publishing it in the official gazette.
64. As per Section 73(1) of the Code of Criminal Procedure, who can a Magistrate
direct a warrant to for the arrest of a person evading arrest?
(a) Only to police officers within their jurisdiction.
(b) Any person within their local jurisdiction.
(c) Exclusively to the local police station.
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(d) To any government official.
65. In which of the following recent cases has the SC held that an anticipatory bail
may be granted to proclaimed offender only in exceptional are rare cases?
(a) PACL v. CBI
(b) State of Haryana v. Dharamraj
(c) Appaiya v. Andimuthu
(d) Rajesh v. State of MP
66. The apex court, in the recent case of Balwinder Singh v. NCB, held which of
the following?
(a) Section 100(4), CrPC is a general provision relating to search and
applies to a closed place, as for example, a residence, office, shop, a
built-up premises etc, where a search is required to be conducted by
the investigation.
(b) Section 100(4) provides that to maintain the purity of the process,
before undertaking a search, a couple of independent and respectable
inhabitants of the locality where the place to be searched is located, be
joined as witnesses to the search.
(c) both and b
(d) Neither a nor b
67. Which of the following is correct pertaining to Section 162, CrPC?
(a) There is nothing in Section 162 of the CrPC which prevents a Trial
Judge from looking into the papers of the chargesheet suo motu and
himself using the statement of a person examined by the police
recorded therein for the purpose of contradicting such person when he
gives evidence in favour of the State as a prosecution witness.
(b) The Judge may do this or he may make over the recorded statement to
the lawyer for the accused so that he may use it for this purpose
(c) The proviso would prevent the Court from using statements made by a
person to a police officer in the course of investigation for any other
purpose than that mentioned in the proviso but it does not in any other
way affect the power that lies in the Court to look into documents or put
questions to witnesses suo motu.
(d) All of the above
68. Mark the incorrect statement:
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(a) To enable an accused to explain the circumstances appearing in the
evidence against him, all the incriminating circumstances appearing
against him in the evidence must be put to him. But where there has
been a failure in putting those circumstances to the accused, the same
would not ipso facto vitiate the trial unless it is shown that its non-
compliance has prejudiced the accused
(b) Where there is a delay in raising the plea, or the plea is raised for the
first time in the Apex Court, it could not be assumed that no prejudice
had been felt by the accused
(c) In a reference for confirmation of the sentence of death, the High Court
is under an obligation to proceed in accordance with the provisions of
Sections 367 and 368 resply of the CrPC.
(d) None of the above
69. Mark the incorrect statement pertaining to the power under section 323,
CrPC?
(a) Power can be invoked deposition/chief examination of witness.
(b) Power cannot be invoked after deposition of witness/ chief examination
of witness.
(c) The key requirement for the invocation of the power under the Section
323 is that the learned Magistrate concerned must feel that the case is
one which ought to be tried by the Court of Sessions.
70. In which of the recent cases has the SC reiterated that a second petition
under section 482, CrPC on grounds available at the time of first petition is not
maintainable?
(a) Manish Sisodia v. CBI
(b) Bhisham Lal Verma v. State of UP
(c) Pradeep Mehra v. Harijivan J Jethwa
(d) Indrakunwar v. State of Chattisgarh
71. When does the communication of a proposal become complete?
(a) When it leaves the promisor
(b) When the proposer expresses it
(c) When it comes to the knowledge of the promisee
(d) When the promisor sends it in writing
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72. What is essential for converting a proposal into a promise?
(a) Absolute and unqualified acceptance
(b) Provisional acceptance
(c) Acceptance with conditions
(d) Acceptance within a reasonable time
73. When is an agreement considered to be induced by 'undue influence'?
(a) When one party has more information than the other
(b) When there is a position to dominate the will of the other
(c) When the agreement is made under coercion
(d) When there is misrepresentation by one party
74. Under which condition can a proposal be revoked?
(a) Before the communication of acceptance is complete
(b) After the acceptance is communicated
(c) After the contract is executed
(d) At any time before the contract
75. What does 'misrepresentation' include?
(a) Intentional deceit
(b) Breach of contract
(c) Breach of duty without intent to deceive
(d) Failure to disclose material facts
76. What happens if an agreement is made without consideration?
(a) It is always valid
(b) It is void
(c) It is voidable
(d) It is enforceable if in writing
77. When does an agreement in restraint of trade become void?
(a) When it restricts someone from starting a new business using the
resources of the previous company.
(b) When it restricts someone from performing any professional activity
(c) Always, regardless of the conditions
(d) Only if it is reasonable
78. What is the legal effect of refusing to accept an offer of performance?
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(a) The promisor is liable for damages
(b) The promisor is not responsible for non-performance
(c) The contract becomes voidable
(d) The promisor loses his rights under the contract
79. When can one of several joint promisors be compelled to perform the whole
promise?
(a) Only when the contract specifies
(b) Only when the promisee chooses
(c) In the absence of an express agreement to the contrary
(d) Never, as all must perform their part
80. What happens to a contract to do an act that becomes impossible after the
contract is made?
(a) It remains enforceable
(b) It becomes void
(c) It becomes voidable
(d) It is subject to renegotiation
81. When is an agreement which is a promise to compensate for a past voluntary
act enforceable?
(a) Never, as it lacks present consideration
(b) Only if it is in writing and registered
(c) If it is a promise to compensate for something the promisor was legally
compelled to do
82. What does Section 28 state about agreements in restraint of legal
proceedings?
(a) They are always valid
(b) They are voidable
(c) They are void to the extent that they restrain legal proceedings
(d) They are valid if agreed upon in writing
83. When does the communication of acceptance of a proposal become complete
against the proposer?
(a) When it is expressed by the acceptor
(b) When it is received by the proposer
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(c) When it is put in a course of transmission to the proposer
(d) When it is confirmed by a third party
84. In the case of 'undue influence', who bears the burden of proof to demonstrate
that the contract was not induced by such influence?
(a) The party claiming undue influence
(b) The party in a position to dominate the will
(c) The court
(d) An independent arbitrator
85. What is the legal consequence of an agreement to do an act known to be
impossible or unlawful?
(a) It is enforceable if acted upon in good faith
(b) It is voidable at the discretion of the affected party
(c) It is void
(d) It becomes a valid contract if both parties were unaware of the
impossibility
86. Under Section 59, when a debtor owing several debts makes a payment, how
should the payment be applied if there is an express intimation?
(a) Applied to the oldest debt
(b) Divided equally among all debts
(c) Applied to the debt specified in the intimation
(d) Applied at the creditor's discretion
87. What happens when neither party appropriates a payment made for several
debts?
(a) Applied to the smallest debt
(b) Applied to the most recent debt
(c) Applied in discharge of each debt proportionately
(d) Applied in discharge of the debts in order of time
88. What must a party do when rescinding a voidable contract?
(a) Pay damages to the other party
(b) Restore any benefits received under the contract
(c) Obtain a court order for rescission
(d) Notify all parties involved in the contract
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89. Section 70 deals with the obligation of a person who enjoys the benefit of a
non-gratuitous act. What is expected of such a person?
(a) To pay a standard market rate for the benefit
(b) To return the exact same benefit
(c) To make compensation or restore the benefit
(d) To acknowledge the benefit in writing
90. Under Section 73, how is compensation for loss or damage caused by breach
of contract determined?
(a) Based on the subjective assessment of the injured party
(b) As per the market value of the loss at the time of breach
(c) According to the loss or damage that naturally arose in the usual
course of things
(d) Equal to the total value of the contract
91. What does Section 74 stipulate regarding compensation for breach of contract
where a penalty is specified?
(a) The penalty amount must be paid in full
(b) Only actual damage or loss is to be compensated
(c) Reasonable compensation not exceeding the stipulated amount
(d) Double the stipulated amount as a punitive measure
92. What is the nature of a "Contract of Guarantee" as defined in Section 126?
(a) A contract to ensure the performance of a promise
(b) A contract to perform or discharge the liability of a third person in case
of his default
(c) A contract to provide financial assistance to the debtor
(d) A contract to share the liability with the principal debtor
93. According to Section 142, when is a guarantee considered invalid?
(a) When it is obtained by coercion
(b) When it is not in written form
(c) When it is obtained by means of misrepresentation by the creditor
(d) When the principal debtor is unaware of the guarantee
94. What is the duty of the bailor in relation to disclosing faults in goods bailed, as
per Section 150?
(a) To insure the goods against all faults
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(b) To disclose faults that materially interfere with the use of the goods
(c) To compensate for any faults discovered after the bailment
(d) To repair any faults before the bailment
95. What is the liability of a bailee who makes unauthorized use of bailed goods?
(a) No liability if the use is incidental
(b) Full replacement cost of the goods
(c) Compensation for any damage arising from such use
(d) A standard fine irrespective of the extent of damage
96. In the case of mixture of goods without the bailor's consent, what happens if
the goods can be separated?
(a) The goods become jointly owned
(b) The bailee must bear the expense of separation
(c) The bailor must compensate for the mixture
(d) The goods are considered a total loss
97. What is the obligation of a bailor in terms of necessary expenses as per
Section 158?
(a) To pay a fixed fee regardless of expenses
(b) To reimburse only the expenses approved in advance
(c) To repay the bailee the necessary expenses incurred for the bailment
(d) No obligation to repay if the bailment is for a short duration
98. Under what condition can the lender require the return of goods lent
gratuitously before the agreed time?
(a) At any time, without any conditions
(b) Only if the lender compensates the borrower for any resulting loss
(c) If the borrower uses the goods for a purpose other than agreed
(d) When the borrower is unable to provide security for the goods
99. Under Section 42 of the Indian Contract Act, what happens to the joint liability
upon the death of one of the joint promisors?
(a) It is transferred solely to the next of kin.
(b) It is nullified
(c) It is divided among the remaining joint promisors.
(d) The representative of the deceased jointly with the survivor or survivors
must fulfill the promise.
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100. According to Section 43 of the Indian Contract Act, in a joint promise, can a
single promisor be compelled to perform the entire promise?
(a) Yes, but only if all promisors agree.
(b) Yes, unless there's an agreement to the contrary.
(c) No, it must be shared equally.
(d) No, unless the promisee decides.
101. Per Section 43, if one of the joint promisors is compelled to perform the entire
promise, what right does this promisor have regarding the other joint
promisors?
(a) Right to demand a bonus.
(b) Right to refuse further participation.
(c) Right to compel contribution from others.
(d) No rights for contribution.
102. Under the Indian Contract Act, who is responsible for appointing a reasonable
place for the performance of a promise where no place is fixed?
(a) The promisee.
(b) The government.
(c) The promisor.
(d) A legal authority.
103. What is the consequence of failing to perform a contract at a fixed time when
time is of the essence?
(a) The contract remains valid
(b) The contract becomes voidable at the promisee's option.
(c) The contract automatically terminates.
(d) The promisor faces legal penalties.
104. In a scenario where time is not essential in a contract and there is a delay in
performance, what is the right of the promisee?
(a) To void the contract.
(b) To claim compensation for any loss due to the delay.
(c) To extend the time for performance indefinitely.
(d) To substitute the promisor.
105. How can the rescission of a voidable contract be communicated?
(a) Through a legal notice only.
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(b) In the same manner as a proposal.
(c) Via a public announcement.
(d) It cannot be communicated
106. What does Section 205 of the Indian Contract Act imply about compensation
in case of revocation by the principal or renunciation by the agent?
(a) Compensation is not required
(b) Compensation must be paid by the agent only.
(c) Compensation must be made by the principal or the agent, depending
on who revokes or renounces.
(d) Compensation is decided by a court.
107. When can an agent personally enforce or be bound by contracts made on
behalf of a principal?
(a) Always.
(b) Never.
(c) Only if there is a contract to that effect.
(d) Only with the principal's consent.
108. Under Section 231, if an agent makes a contract without disclosing they are
an agent, what rights does the principal have?
(a) The principal cannot enforce the contract.
(b) The principal may require the performance of the contract.
(c) The principal must accept any losses.
(d) The principal can change the terms of the contract.
109. When a contract consists of reciprocal promises to be simultaneously
performed, what is required of each promisor according to Section 51?
(a) To perform unconditionally.
(b) To wait for legal advice.
(c) To perform only if the reciprocal promisee is ready and willing to
perform.
(d) To seek judicial intervention.
110. According to Section 46, if no time for performance is specified in a contract
requiring no application by the promisee, when must the engagement be
performed?
(a) Within a specified time by law.
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(b) Within a reasonable time.
(c) Immediately.
(d) At the promisor's discretion.
111. Which of the followings is not an objective of the 1996 Act?
(a) To provide that the Arbitral Tribunal may exceeds the limits of its
jurisdiction
(b) to make provision for an arbitral procedure which is fair, efficient and
capable of meeting the needs of the specific arbitration;
(c) to comprehensively cover international commercial arbitration and
conciliation as also domestic arbitration and conciliation
(d) to provide that the Arbitral Tribunal gives reasons for its arbitral award;
112. Mark the correct statement :
(a) arbitral award includes an interim award
(b) arbitral award does not includes an interim award
(c) arbitral award may or may not includes an interim award
(d) arbitral award defined under section 2(e) of the Act
113. For international commercial arbitration it is required that one of the parties
should be:
(a) an individual who is a national of any country other than India
(b) an individual who is a habitually resident of any country other than
India
(c) an individual who is a national of, or habitually resident in, any country
other than India
(d) none of the above
114. As per Section of the Arbitration and Conciliation Act, 1996 Part I of the Act
shall apply where the place of arbitration is in India. However,
(a) the provisions of sections 9 shall also apply to international commercial
arbitration, even if the place of arbitration is outside India,
(b) the provisions of sections 27 shall also apply to international
commercial arbitration, even if the place of arbitration is outside India,
(c) the provisions of [clause (b)] of sub-section (1) and sub-section (3) of
section 37 shall also apply to international commercial arbitration, even
if the place of arbitration is outside India,
(d) All of the Above
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115. Under section 9 an application may not be made:
(a) For securing the amount in dispute in the arbitration
(b) for the appointment of a guardian for a person of sound mind for the
purposes of arbitral proceedings
(c) for the detention of any property or thing which is the subject matter of
the dispute in arbitration
(d) both b and c
116. Mark the correct statement
(a) Matters of criminal nature can be referred to arbitration
(b) Matter of civil and criminal nature can be referred to arbitration
(c) In most cases reference to arbitration shuts out the jurisdiction of the
courts, except as provided in the Act
(d) criminal courts can be deprived of their jurisdiction to try criminals by
an arbitration agreement
117. Which of the following dispute may not be referred to an Arbitration:
(a) Past dispute
(b) Present dispute
(c) Future dispute
118. where the parties agree on the termination of the proceedings:
(a) The arbitral tribunal shall issue an order for the termination of the
arbitral proceedings
(b) The arbitral tribunal may issue an order for the termination of the
(c) The arbitral tribunal shall not issue an order for the termination of the
(d) The arbitral tribunal shall not terminate the arbitral proceedings and
proceed with the arbitration
119. Under section 10 the number of Arbitrator
(a) shall not be In even number
(b) shall not be In odd number
(c) shall be in even number
(d) may be in even number
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120. The time limit of 12 months provided under Section 29A for making an award
is applicable to:-
(a) domestic arbitrations
(b) international Commercial Arbitration
(c) both a and b
121. what is the limitation period for filing application under section 11 of the
Arbitration and Conciliation Act, 1996
(a) 30 days
(b) One year
(c) Three year
(d) None of theabove
122. Unilateral Revision of fee by an Arbitral Tribunal:-
(a) Is permissible
(b) Will terminate the mandate on the ground of ineligibility under section
12
(c) Is not permissible but it will not terminate the mandate on the ground of
ineligibility under section 12
123. Under section 34 of the Arbitration and Conciliation Act, 1996, the Court has
the power to:-
(a) Modify the arbitral award
(b) Modify and Set aside the arbitral award
(c) Set aside the arbitral award partly or wholly
124. The Provision of Section 14 of the Limitation Act, which provides for exclusion
of time consumed in civil proceedings initiated before a Court not having the
jurisdiction:-
(a) Is applicable to the proceedings under section 34 of the Arbitration and
Conciliation Act
(b) Is not applicable to the proceedings under section 34 of the Arbitration
and Conciliation Act
(c) Is applicable to the proceedings under section 34 of the Arbitration and
Conciliation Act only if there is an agreement to that effect
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125. An Agreement/ clause between the parties providing for a lesser limitation
period that the one provided in the Limitation Act, 1963 would be
(a) Valid
(b) Voidable
(c) Invalid being hit by Section 28(2) of the Indian Contract Act
126. A person who is himself not eligible to be an Arbitrator under section 12(5) of
the 1996 Act:
(a) Can appoint another arbitrator
(b) cannot appoint another Arbitrator.
(c) Any appointment of Arbitrator by such person is void ab initio
(d) Both b and c
(a) the parties are free to agree on a procedure for challenging an
arbitrator.
(b) procedure for challenging an arbitrator shall be decided by the Arbitral
tribunal
(c) procedure for challenging an arbitrator shall be decided by the Arbitral
Institution
(d) procedure for challenging an arbitrator shall be decided by the Court
128. The mandate of an arbitrator shall terminate and he shall be substituted by
another arbitrator, if':
(a) he withdraws from his office
(b) the parties agree to the termination of his mandate
(c) he becomes de jure unable to perform his functions
(d) all of the above
129. Where an arbitrator is replaced under sub-section (2) of Section 15 of the
Arbitration and Conciliation Act, 1996 , any hearings previously held:
(a) may be repeated at the discretion of the arbitral tribunal
(b) shall not be repeated at the discretion of the arbitral tribunal
(c) shall be repeated at the discretion of the arbitral tribunal
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130. where an arbitrator is replaced under section 15 of the Arbitration and
Conciliation Act, 1996, an order or ruling of the arbitral tribunal made prior to
the replacement of an arbitrator shall:
(a) invalid
(b) not be invalid
(c) void ab initio
(d) not enforceable
131. Which of the following section provides for the competence of Arbitral Tribunal
to rule on its jurisdiction?
(a) Section 14
(b) Section 15
(c) Section 16
(d) Section 17
132. which of the following is incorrect with respect to the doctrine of “Kompetenz
Kompetenz”, provided under section 16 of the Arbitration and Conciliation Act,
1996
(a) the doctrine implies that the arbitral tribunal is empowered and has the
competence to rule on its own jurisdiction
(b) the doctrine also referred to as “Compétence de la recognized”
(c) the doctrine implies that the arbitral tribunal is not empowered to rule
on its own jurisdiction
(d) both b and c
133. a party may apply for an interim relief under section 17:
(a) before the claimant’s evidence
(b) before the respondent’s evidence
(c) anytime during the arbitral proceedings
(d) after submission of statement of claim
134. Under section 17 a party may apply to the arbitral tribunal for:
(a) the appointment of a guardian for a minor
(b) the appointment of a guardian for a person of unsound mind
(c) the appointment of a guardian for a minor or person of unsound mind
for the purpose of arbitral proceedings
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135. Where there is no agreement between the parties regarding rules of
procedure to be followed by the Arbitral tribunal, then the arbitral tribunal shall
follow the procedure provided by:
(a) Code of Civil Procedure, 1908
(b) Indian Evidence Act, 1872
(c) the arbitral tribunal may conduct the proceedings in the manner it
considers appropriate
(d) both a and c
136. where there is no agreement between the parties with respect to the language
to be used in the arbitral proceedings, who has the power to determine the
language of the proceedings:
(a) Presiding officer
(b) Arbitral tribunal
(c) High Court
(d) Supreme Court
137. Where the respondent fails to communicate his statement of defence in
accordance with sub-section (1) of section 23, the arbitral tribunal:
(a) Shall terminate the proceedings
(b) Shall terminate the proceedings if such failure to communicate Is
without sufficient cause
(c) shall continue the proceedings without treating that failure in itself as
an admission of the allegations by the claimant
138. Under which section experts may be appointed by Arbitral Tribunal
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 28
139. According to section 28 of the Act, where the place of arbitration is situated in
India, in an International Commercial Arbitration, the arbitral tribunal shall
decide the dispute:
(a) in accordance with the substantive law for the time being in force in
India
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(b) in accordance with the substantive law for the time being in force in
foreign country
(c) in accordance with the rules of law designated by the parties as
applicable to the substance of the dispute
(d) any of the above
140. An arbitral award:
(a) Shall be in writing and need not to be signed
(b) May be oral or in writing
(c) Shall be in writing and signed
(d) Shall not be signed
141. Mark the correct statement:
(a) The arbitral award shall not state the reasons upon which it is based
(b) The arbitral award shall state the reasons upon which it is based
unless the parties have agreed that no reasons are to be given
(c) The arbitral award shall state the reasons upon which it is based
unless the award is an arbitral award on agreed terms under section 30
(d) Both b and c
142. An Arbitral Tribunal may make an interim award on any matter with respect to
which it may make a final arbitral award:
(a) Before the claimant’s evidences
(b) Before the respondent’s evidences
(c) At any time during the arbitral proceedings
143. The cost of the Arbitration shall be fixed by:
(a) The parties
(b) The Court
(c) Arbitral Tribunal
(d) Presiding officer
144. Where the claimant withdraws his claim:
(a) The arbitral tribunal shall issue an order for the termination of the
arbitral proceeding
(b) The arbitral tribunal shall not terminate the arbitral proceeding
(c) The arbitral tribunal may terminate the arbitral proceeding
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(a) It is necessary to specify the dispute in the arbitration agreement
(b) It is not necessary to specify the dispute in the arbitration agreement
(c) It is necessary to specify the dispute in reference to an Arbitrator
(d) Both a and c
146. Which of the following sections deals with the Power to refer parties to
arbitration where there is an arbitration agreement:
(a) Section 7
(b) Section 8
(c) Section 9
(d) Section 10
147. At what stage a party may not apply to a court for Interim relief
(a) Before Arbitral proceedings
(b) During arbitral proceedings
(c) After enforcement of the award
148. which of the following section deals with Appointment of Arbitrator:
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13
149. An application made under section 11 for appointment of an arbitrator or
arbitrators shall be disposed of by the arbitral institution within a period of:
(a) ninety days from the date of service of notice on the opposite party
(b) thirty days from the date of service of notice on the opposite party
(c) ninety days from the date of the application made to the arbitral
Institution
(d) thirty days from the date of the application made to the arbitral
Institution
150. A plea that the arbitral tribunal does not have jurisdiction shall be raised not
later than:
(a) the submission of the statement of defence
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(b) the submission of the statement of claim
(c) the submission of the claimant’s evidence
(d) the submission of the respondent’s evidence
151. Who was the first woman Supreme Court Judge to be directly elevated from
the bar?
(a) Justice Indu Malhotra
(b) Justice Indira Banerjee
(c) Justice Hima Kohli
(d) Justice Bela Trivedi
152. Who was first women Judge of the Supreme Court Of India
(a) Justice Leela Seth
(b) Justice Fatima Beevi
(c) Justice Ruma Pal
(d) None of the Above
153. Which of the following courts can entertain Writs?
(i) Supreme Court Of India
(ii) High Court
(iii) Sessions Court
(iv) Court of Chief Judicial Mangistrate
Code
(a) i and ii
(b) i,ii and iii
(c) ii and iii
(d) all of the above
154. which of the following judgment is landmark on Independence of Judiciary and
Appointment of Judges?
(a) Menaka Gandhi vs Union of India
(b) Machhi Singh vs State of Punjab
(c) Bachan Singh vs State of Punjab
(d) S.P Gupta vs Union of India
155. How many High Courts are there in India?
(a) 25
31
(b) 27
(c) 28
(d) 29
156. Which of the following judgment is famously known as ‘Best Bakery Case’
(a) Bachan Singh vs Union of India
(b) Zahira Habibullah Sheikh vs State of Gujarat
(c) Rustom Cooper vs Union of India
157. Which of the following High Court has the territorial jurisdiction of ‘Daman And
Diu’
(a) Calcutta
(b) Gujarat
(c) Bombay
(d) Rajasthan
158. Where the Principal Bench of the Central Administrative Tribunal is situated?
(a) Bombay
(b) Calcutta
(c) Delhi
(d) Hyderabad
159. In which of the following judgments is was held by the Hon’ble Supreme Court
that ‘the individual citizen has the right to fly national flag’
(a) Zahira Habibullah Sheikh vs State of Gujarat
(b) Rustom Cooper vs Union of India
(c) Jindal Group of Companies vs Union of India
(d) Bijoe Emmanuel vs State of Kerala
160. The concept of Plea Bargaining can be identified as:-
(a) Pre-trial negotiation
(b) Post-trial negotiation
(c) Post- conviction negotiation
161. Which of the following was the key issue in ‘Sabrimala Case’?
(a) Animal rights
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(b) Adultery
(c) Women devotee’s right to worship
(d) Right to speech
162. Who has given the theory of legal positivism?
(a) Atkin
(b) Austin
(c) Lord Dennings
163. Where was the first federal court set up in India
(a) Calcutta
(b) Madras
(c) Delhi
(d) Mumbai
164. Where is the First Permanent Lok Adalat established?
(a) Delhi
(b) Hyderabad
(c) Chandigarh
165. How many women have served as a Judge of the Supreme Court of India till
date?
(a) Nine
(b) Ten
(c) Eleven
(d) Twelve
166. Who is the present Attorney General of India?
(a) K. Venugopal
(b) R. Venkatraman
(c) Mukul Rohatgi
167. What does the legal term ‘pendente lite nihil innovetur’ mean?
(a) During Litigation let nothing be changed
(b) During litigation everything can be changed
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(c) Before litigation anything can be changed
168. Whenever a payment is made as a favour, without any legal obligation, it is
called as:-
(a) Ex officio
(b) Ex gratia
(c) Ex grant
(d) Ex delicto
169. Who was the first attorney general of India
(a) Niren De
(b) Chander Kishan Daptary
(c) M.C Setalvad
(d) S.V Gupta
170. From which country’s Constitution te concept of ‘Independence of Judiciary’
has been borrowed?
(a) British constitution
(b) American constitution
(c) Canadian constitution
(d) Irish constitution
171. When was the Supreme Court of India came into existence?
(a) 26-11-1949
(b) 26-01-1949
(c) 26-01-1950
(d) 26-11-1950
172. Where is the seat of International Court of Justice Situated?
(a) Paris
(b) Hague
(c) London
(d) Germany
173. Who was first woman Advocate to practice law in India?
(a) Sarojini Naidu
(b) Cornelia Sorabji
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(c) Leela Seth
(d) Sharlee Nariman
174. Who is present minister of Law and Justice of India?
(a) Kiren Rijuji
(b) Meenakshi Lekhi
(c) Arjun Ram Meghwal
175. Which of the following judgment is famously known as ‘Indus valley Case’?
(a) Mahbub Shah vs Emperor
(b) Citizens for Democracy vs State of Assam
(c) ADM Jabalpur vs S. Shukla
(d) None f the above
176. Who is the Author of the book ‘Nani Palkhiwala: The Courtroom Genius’
(a) Soli J Sorabjee
(b) Fali S Nariman
(c) Arvind P Datar
(d) Both a and c
177. ‘Roses in December’ an autobiography by:-
(a) MC Chagla
(b) Tanuj Kania
(c) Jawahar lal Nehru
178. Who has written the book, ’We, the People’?
(a) Soli J Sorabjee
(b) Fali S Nariman
(c) Arvind P Datar
(d) Nani Palkhiwala
179. The famous ‘Waman Rao case’ dealt with:-
(a) Validity of Article 31A And 3B
(b) Custodial Death
(c) Third Gender
(d) TADA
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180. What is tenure of the Attorney General of India?
(a) One year
(b) Three year
(c) Five Year
(d) No Fixed Tenure
Direction- Four alternatives are given for the idiom/phrase in the sentence.
Choose the alternative which best expresses the meaning of the idiom/phrase.
181. The heating system is the bane of my life as it always keeps breaking down.
(a) the biggest problem
(b) solution to every problem
(c) cause of problems
(d) the only problem
182. To cause a flutter
(a) to cause excitement
(b) to make up a story
(c) to confess the whole truth
(d) to take advantage of
183. Blood Is Thicker Than Water
(a) Parents are closer than anyone helping us
(b) Every object has different use
(c) The family bond is closer than anything else.
(d) A rare event or occurrence
184. Throw in the towel
(a) fight with vigour
(b) acknowledge defeat
(c) get success
(d) concentrate more
185. Choose the best expresses the meaning of the underlined
word He refused to ‘kow tow’ to the governments wished on
this issue.
(a) Be helpful
(b) Be defensive
(c) Be supportive
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(d) Be submissive
186. Choose the best expresses meaning of the underlined
word It was a ‘perilous’ journey across the mountain.
(a) Tiring
(b) Thrilling
(c) Deadly
(d) Risky
187. Select the word or phrase which is closest to the opposite in meaning of
Veneration
(a) Militant
(b) Disdain
(c) Reputable
(d) Original
188. Select the word or phrase which is closest to the opposite in meaning of
Fascinate
(a) Repel
(b) Enchanting
(c) Depress
(d) Satisfy
189. The workers demanded more pay and shorter working hours. The appropriate
phrasal verb for the underlined word is
(a) put forward
(b) brought up
(c) asked for
(d) called for
190. The teacher distributed the books. The appropriate phrasal verb for
the underlined word is
(a) gave off
(b) gave out
(c) gave away
(d) gave up
191. Identify appropriate word for following sentence Extreme old age when a man
behaves like a fool.
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(a) Imbecility
(b) Senility
(c) Dotage
(d) Superannuation
192. Identify appropriate word for following sentence, The absence of law and
order.
(a) Rebellion
(b) Anarchy
(c) Mutiny
(d) Revolt
193. The opposite word for 'Unalloyed' is
(a) Disastrous
(b) Impure
(c) Diamayed
(d) Circumspect
194. The opposite word for 'Phillanthropist' is
(a) Misanthropist
(b) Misogynist
(c) Misanthrope
(d) Humanist
195. The opposite word for 'Monogamy' is
(a) Bigamy
(b) Matrimony
(c) Polygamy
(d) Polyandry
196. Pick out the most effective words from the given words to fill in the blank to
make the sentence meaningfully complete. You when I the
television yesterday at eight p.m
(a) were telephoning, watched
(b) was telephoning, was watching
(c) had telephoned, was watched
(d) telephoned, was watching
38
make the sentence meaningfully complete. He in New York
he left the university.
(a) is living, since
(b) has been living,
(c) for has been living,
(d) since lives, for
make the sentence meaningfully complete. I with my sister I
find an apartment
(a) am living, until
(b) have been living, since
(c) had lived, since
(d) had been living, since
199. Select the one which expresses the same sentence in the passive voice.
Rachna was cooking dinner for the guests.
(a) Dinner was cooked by Rachna for the guests.
(b) Dinner had been cooked by Rachna for the guests.
(c) Dinner was being cooked by Rachna for the guests.
(d) For the guests dinner was being cooked by Rachna.
200. Choose the one which best expresses the given sentence in Passive/Active
voice. They greet me cheerfully every morning.
(a) Every morning I was greeted cheerfully
(b) I am greeted cheerfully by them every morning.
(c) I am being greeted cheerfully by them every morning.
(d) Cheerful greeting is done by them every morning to me.
39
DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION – 2023
MOCK TEST SERIES CRPC, ICA, ARBITRATION AND CONCILIATION ACT, ENGLISH &
GK
TEST- II
Date: 19/11/2023
S. No. Ans. Explanations
1. C Section 20(1) clearly states that the State Government is responsible for
appointing Executive Magistrates in every district and metropolitan area.
2. B Section 25A(2) states that a person must have practiced as an advocate for
not less than ten years to be eligible for these positions
3. C Section 34(1) empowers the High Court to withdraw all or any of the powers
conferred by it under the CrPC.
4. A Section 42(1) allows the arrest of a person accused of a non-cognizable
offence if they refuse to give their name and residence or provide false
information.
5. C Section 47(2) permits a police officer to break open any door or window to
effect an entrance into a place, if after proper notification, admittance is not
obtained.
6. C Section 50(2) requires that a police officer inform a person arrested without
a warrant for a non-bailable offence about their right to be released on bail.
7. B Section 53(1) allows a registered medical practitioner to examine a person
arrested when there are reasonable grounds to believe that such
examination will provide evidence regarding the offence.
8. B Section 47(3) allows a police officer or other person authorized to make an
arrest to break open any door or window to liberate themselves or any other
person who, having lawfully entered for the purpose of making an arrest, is
detained therein.
9. B Section 20(4A) allows the State Government to delegate its powers under
sub-section (4), concerning the appointment of Executive Magistrates in
charge of sub-divisions, to the District Magistrate.
10. B According to Section 25A(3), the Director of Prosecution, who is the head of
the Directorate of Prosecution, functions under the administrative control of
the Head of the Home Department in the State.
11. B Section 34(2) stipulates that any powers conferred by the Chief Judicial
Magistrate or the District Magistrate may be withdrawn by the respective
Magistrate who conferred such powers.
40
12. B Section 78(1) specifies that a warrant for execution outside the jurisdiction
of the issuing court is forwarded to an Executive Magistrate, District
Superintendent of Police, or Commissioner of Police within the local limits of
whose jurisdiction it is to be executed.
13. B Section 78(2) mandates that the Court issuing a warrant under sub-section
(1) must forward the substance of the information against the person to be
arrested, together with relevant documents, to enable the Court acting
under Section 81 to decide on bail matters.
14. B Section 83(1) empowers the Court to order the attachment of any property
belonging to a proclaimed person, for reasons to be recorded in writing, at
any time after the issue of the proclamation.
15. B According to Section 85(2), if the proclaimed person does not appear within
the specified time, the property under attachment is at the disposal of the
State Government but cannot be sold until the expiration of six months from
the date of attachment, unless it is subject to natural decay or the court
deems it beneficial for the owner.
16. B Section 91(1) allows a Court or an officer in charge of a police station to
issue a summons or a written order to a person, requiring them to produce a
document or
17. B Section 83(4) details that immovable property can be attached by taking
possession, appointing a receiver, or issuing an order prohibiting rent
payment to the proclaimed person.
18. C Section 106(1) states that upon conviction of specified offences, a Court can
order the person to execute a bond, with or without sureties, for keeping the
peace for a period up to three years.
19. C Section 126(1) specifies that proceedings under section 125 (maintenance)
may be taken against any person in a district where they are, or where they
or their spouse resides, or where they last resided together.
20. B Section 155(2) states that a police officer cannot investigate a non-
cognizable case without the order of a Magistrate empowered to try or
commit the case for trial.
21. C Section 169 mandates that if there is insufficient evidence or reasonable
ground of suspicion against the accused, the officer in charge must release
the accused on executing a bond to appear before a Magistrate, if so
required.
22. B Section 172(2) allows any Criminal Court to send for the police diaries of a
case under inquiry or trial in that Court, not as evidence, but to aid in the
41
inquiry or trial.
23. B Section 176(1A) mandates that an inquiry is to be held by a Judicial or
Metropolitan Magistrate in cases where a person dies or disappears, or rape
is alleged, while in custody of the police or under any custody authorized by
the Magistrate or Court.
24. C Section 186 stipulates that in cases where two or more Courts have taken
cognizance of the same offence, the High Court will decide which Court
should inquire into or try the offence.
25. B Section 202(1) allows a Magistrate, upon receiving a complaint, to postpone
the issue of process against the accused and either inquire into the case
himself or direct an investigation to decide whether there's sufficient ground
for proceeding.
26. A In cases triable exclusively by the Court of Session, Section 208 mandates
the Magistrate to provide the accused, free of cost, copies of statements,
confessions, and documents produced before the Magistrate.
27. B Section 209 dictates that when an offence is triable exclusively by the Court
of Session, the Magistrate must commit the case to the Court of Session,
remand the accused to custody, and send the case records to the Court.
28. C Section 213 requires that if the nature of the case is such that the particulars
mentioned in sections 211 and 212 are insufficient for the accused to
understand the charge, additional details of the manner of committing the
offence must be included.
29. B Section 215 clarifies that errors or omissions in stating the offence or
required particulars in the charge are not material unless they result in the
accused being misled and a subsequent failure of justice.
30. A According to Section 217, when a charge is altered or added during the trial,
both the prosecution and the defense are allowed to recall or re-examine
witnesses with reference to the change.
31. C Section 221(1) allows for the accused to be charged with any or all offences
that a single act or series of acts may constitute when it's unclear which
specific offence has been committed.
32. B When a conviction occurs on one or more of multiple charges, Section 224
allows for the withdrawal of the remaining charges or the staying of their
inquiry/trial, effectively leading to an acquittal on these charges unless the
conviction is set aside.
33. A Section 253(1) allows for the conviction of an accused in absentia on a plea
of guilty for petty cases, where the accused transmits a plea and the fine
42
amount by post or messenger.
34. B Section 298 allows for the proof of a previous conviction or acquittal by
presenting a certified extract from court or jail records, along with evidence
confirming the identity of the accused.
35. B Under Section 311, a Court has the power to summon any person as a
witness or examine anyone present at any stage of an inquiry, trial, or
proceeding, and even recall and re-examine any person already examined.
36. B Section 317(1) allows a Judge or Magistrate to dispense with the personal
attendance of the accused if it's not necessary for justice or if the accused
persistently disturbs the proceedings, provided they are represented by a
pleader.
37. B Section 320 specifically lists offences under the IPC that can be
compounded and identifies the persons authorized to compound these
offences.
38. B Section 320(3) allows for the compounding of the abetment of a
compoundable offence or an attempt to commit such an offence (when the
attempt itself is an offence).
39. A Section 320(4)(a) states that if the person competent to compound an
offence is a minor, an idiot, or a lunatic, their guardian or any person
competent to contract on their behalf may, with the Court's permission,
compound the offence.
40. A Section 320(5) prohibits the compounding of an offence after the accused
has been committed for trial or when he has been convicted and an appeal
is pending, without the leave of the Court.
41. B Section 321 allows the Public Prosecutor or Assistant Public Prosecutor to
withdraw from the prosecution of any person, with the consent of the Court,
at any time before the judgment is pronounced.
42. C Section 322(1) mandates that if a Magistrate realizes he has no jurisdiction
over a case, he must stay the proceedings and submit the case with a brief
report to the Chief Judicial Magistrate or another appropriate Magistrate.
43. C Section 326(1) allows a succeeding Judge or Magistrate to act on the
evidence recorded by his predecessor, with a provision for re-examination
of witnesses if deemed necessary for justice.
44. B Section 368 empowers the High Court to confirm the sentence, pass a
different sentence, annul the conviction, order a new trial, or acquit the
accused.
45. C Section 369 stipulates that in cases submitted to the High Court, the
43
confirmation of a sentence or any new sentence or order must be made,
passed, and signed by at least two Judges when the Court consists of two
or more Judges.
46. B Section 379 grants the right to appeal to the Supreme Court to an accused
person when the High Court, on appeal, has reversed an order of acquittal
and convicted and sentenced the accused to death, life imprisonment, or
imprisonment for ten years or more.
47. C Section 380 provides that in joint trials, if an appealable judgment or order
has been passed regarding any of the convicted persons, all or any of the
persons convicted at such trial have the right to appeal.
48. B Section 385(1) mandates that if the Appellate Court does not dismiss an
appeal summarily, it must issue notice of the hearing to relevant parties and
then review the case record for hearing the parties.
49. A Section 394 states that an appeal under Section 377 or 378 finally abates
upon the death of the accused, with provisions for continuation in certain
cases if a near relative applies for it.
50. B Explanation. Section n397 provides for calling for records to exercise
powers of revision.
51. B Section 438(1) allows a person to apply to the High Court or Court of
Session for anticipatory bail if they have reason to believe that they may be
arrested for a non-bailable offence.
52. A Section 438(2) does not explicitly mention surrendering a passport as a
condition for anticipatory bail. Conditions such as making oneself available
for police interrogation and not leaving India without permission are
mentioned.
53. C Execution of a bond by the person, and if on bail, by one or more sureties.
Section 441 requires the execution of a bond by the person released on bail
and their sureties, ensuring the person's attendance at the time and place
specified in the bond.
54. C Section 452(1) allows a Criminal Court to order the disposal of property
used in an offence after the conclusion of the inquiry or trial.
55. A If a Magistrate, not legally empowered, performs any of the actions listed in
Section 461 (such as issuing a search warrant, demanding security for
peace, etc.), the proceedings will be considered void.
56. C Section 462 states that a finding, sentence, or order of a Criminal Court
shall not be set aside merely because the proceedings took place in a
wrong local area unless it resulted in a failure of justice.
44
57. C Section 465(1) states that no finding, sentence, or order will be reversed or
altered due to any error, omission, or irregularity unless it has actually
resulted in a failure of justice.
58. B Section 469(1) states that the period of limitation commences either on the
date of the offence or when the offence came to the knowledge of the
aggrieved person or any police officer.
59. B Section 479 prohibits Judges or Magistrates from trying or committing for
trial any case in which they are a party or personally interested, unless
permitted by the appellate court.
60. B Section 482 specifies the inherent powers of the High Court to make
necessary orders to prevent abuse of court processes and to secure justice,
but it does not include revising final judgments or orders of subordinate
courts.
61. B Section 72(1) states that a warrant of arrest is ordinarily directed to one or
more police officers, though in urgent cases it can be directed to other
persons.
62. B Section 62(2) requires that a summons is, if practicable, served personally
by delivering or tendering one of the duplicates of the summons to the
person summoned.
63. B Section 63 specifies that a summons can be served on a corporation by
serving it to certain key officers or by sending it by registered post to the
chief officer in India.
64. B Section 73(1) allows a Chief Judicial Magistrate or a Magistrate of the first
class to direct a warrant to any person within their local jurisdiction for the
arrest of an individual evading arrest for a non-bailable offence.
65. B Refer State of Haryana v. Dharamraj
66. C Refer Balwinder Singh v. NCB.
67. D Refer Munna Pandey v. State of Bihar
68. B Explanation. Where there is a delay in raising the plea, or the plea is raised
for the first time in the Apex Court, it could be assumed that no prejudice
had been felt by the accused. Refer Sunil v. State of Delhi.
69. B Power can be invoked after deposition of witness/ chief examination of
witness. Refer Archana v. State of West Bengal.
70. B Refer Bhisham Lal Verma v. State of UP
71. C As per Section 4 of the Act, the communication of a proposal is complete
when it comes to the knowledge of the person to whom it is made.
45
72. A Section 7 mandates that acceptance must be absolute and unqualified to
convert a proposal into a promise.
73. B Section 16 defines 'undue influence' as a situation where one party is in a
position to dominate the will of the other and uses that position to obtain an
unfair advantage.
74. A As per Section 6, a proposal can be revoked at any time before the
communication of acceptance is complete.
75. C Section 18 includes, among other things, a breach of duty without an intent
to deceive, under the definition of 'misrepresentation'.
76. B According to Section 25, an agreement made without consideration is void,
unless it falls under certain specified exceptions.
77. B Section 27 states that any agreement that restrains someone from
exercising a lawful profession, trade, or business is void.
78. B Section 38 provides that if an offer of performance is not accepted, the
promisor is not responsible for non-performance.
79. C Section 43 allows the promisee to compel any one of the joint promisors to
perform the entire promise, barring any express agreement otherwise.
80. B Section 56 states that a contract to do an act that later becomes impossible
or unlawful becomes void.
81. C Section 25(2) makes an exception for promises to compensate, either
wholly or in part, a person who has voluntarily done something for the
promisor, or something which the promisor was legally compellable to do.
82. C Section 28 declares agreements void to the extent that they restrict a party
from enforcing rights under a contract through legal proceedings.
83. C As per Section 4, the communication of acceptance is complete against the
proposer when it is put in a course of transmission to him, so as to be out of
the power of the acceptor.
84. B Section 16(3) states that the burden of proving that the contract was not
induced by undue influence lies upon the person in a position to dominate
the will of the other.
85. C According to Section 56, an agreement to do an act impossible in itself is
void, and a contract to do an act that becomes impossible or unlawful after it
is made also becomes void.
86. C Section 59 states that if there is an express intimation by the debtor, or
circumstances imply that the payment is to be applied to a specific debt, it
must be applied as indicated.
46
87. B Section 61 dictates that when no appropriation is made by either party, the
payment shall be applied in discharge of the debts in the order of time,
regardless of whether they are barred by limitation or not.
88. B Section 64 requires that upon rescission of a voidable contract, any benefits
received under the contract must be restored to the other party.
89. C Section 70 obliges a person who enjoys the benefit of a non-gratuitous act
to compensate or restore the benefit to the person who provided it.
90. C Section 73 states that compensation for breach of contract should cover any
loss or damage that naturally arose in the usual course of things from the
breach or which the parties knew to be likely at the time of contract
formation.
91. C Section 74 provides that if a contract is broken and a sum is named as a
penalty, the party complaining of the breach is entitled to reasonable
compensation, not exceeding the stipulated amount, irrespective of whether
actual damage is proved.
92. B Section 126 defines a "Contract of Guarantee" as a contract wherein the
surety agrees to perform or discharge the liability of a third person if that
person defaults.
93. C Section 142 states that a guarantee obtained through misrepresentation
made by the creditor, or with his knowledge and assent, concerning a
material part of the transaction, is invalid.
94. B Section 150 requires the bailor to disclose to the bailee any faults in the
goods of which the bailor is aware and which materially interfere with their
use or expose the bailee to extraordinary risks.
95. C If a bailee uses the goods bailed in a manner not according to the conditions
of the bailment, as per Section 154, they are liable to compensate the bailor
for any damage arising from or during such use.
96. B According to Section 156, if the bailee mixes the bailor's goods with his own
without consent, and they can be separated, the property remains with the
respective parties, but the bailee must bear the separation expenses and
any damage from the mixture.
97. C Section 158 stipulates that if the goods are to be kept, carried, or worked
upon by the bailee for the bailor without remuneration, the bailor must repay
the necessary expenses incurred by the bailee for the bailment.
98. B Section 159 states that the lender of a thing lent gratuitously may require its
return at any time, even if lent for a specified time or purpose. However, if
this causes the borrower loss exceeding the benefit derived, the lender must
47
indemnify the borrower for the excess loss.
99. D Section 42 stipulates that after the death of a joint promisor, their
representative along with the surviving promisors must fulfill the joint
promise.
100. B Section 43 allows the promisee to compel any one of the joint promisors to
perform the whole promise in the absence of an express agreement stating
otherwise.
101. C The section entitles each joint promisor to compel every other joint promisor
to contribute equally to the performance of the promise, barring a contrary
contract.
102. C Section 49 places the responsibility on the promisor to appoint a reasonable
place for performance and to perform the promise at that place.
103. B Section 55 states that if time is essential, the failure to perform by the
specified time makes the contract voidable at the promisee's option.
104. B The section entitles the promisee to compensation for any loss caused by
the delay when time is not of the essence.
105. B Section 66 states that the rescission of a voidable contract can be
communicated in the same way as the communication or revocation of a
proposal.
106. C This section stipulates that compensation must be made by the principal or
the agent, depending on who revokes or renounces the agency without
sufficient cause.
107. C Section 230 states that an agent cannot personally enforce or be bound by
contracts made on behalf of a principal unless there is a contract stating
otherwise.
108. B According to this section, the principal can require the performance of the
contract, but the other party has the same rights against the principal as
they would have against the agent.
109. C Section 51 states that no promisor needs to perform their promise unless
the promisee is ready and willing to perform their reciprocal promise.
110. B This section mandates that the engagement must be performed within a
reasonable time, which is determined based on the specifics of each case.
111. A all are the objectives of Arbitration and Conciliation Act
112. A Refer Section 2 of Arbitration and Conciliation Act, 1996
113. C Refer Section 2 of Arbitration and Conciliation Act, 1996
114. D Refer Section 2 of Arbitration and Conciliation Act, 1996Part I shall apply
48
where the place of arbitration is in India. Provided that subject to an
agreement to the contrary, the provisions of sections 9, 27 and [clause
(b)] of sub-section (1) and sub-section (3) of section 37 shall also apply to
international commercial arbitration, even if the place of arbitration is outside
India, and an arbitral award made or to be made in such place is
enforceable and recognised under the provisions of Part II of this Act.
115. B Refer Section 9 of the Act
116. C Whatever be the type of dispute, the matter in dispute must be of civil
nature. Matters of criminal nature cannot be referred to arbitration. In most
cases reference to arbitration shuts out the jurisdiction of the courts, except
as provided in the Act and since criminal courts cannot be deprived of their
jurisdiction to try criminals by arbitration agreement
117. D Refer section 7 of the Act and section 28 of the contract act
118. A Refer section 32 of the Arbitration and Conciliation Act, 1996
120. A Refer TATA Sons Pvt Ltd v. Siva Industries & Holdings Ltd, SC, 2023
121. C Refer B & T AG v. Ministry of Defence, SC, 2023
122. C
123. C
124. A Section 14 of the Limitation Act, which provides for exclusion of time
consumed in civil proceedings initiated before a Court not having the
jurisdiction, applies to proceedings under Section 34 of the A&C Act
125. C the period of limitation for invoking arbitration cannot be restricted to a
lesser period than the one provided under the Limitation Act. any
agreement/clause between the parties providing for a lesser limitation
period would be hit by Section 28(2) of the Indian Contract Act, and would
therefore be invalid
126. D BHARAT BROADBAND NETWORK LIMITED (BBNL) VERSUS UNITED
TELECOM LIMITED (UTL),2019The Apex Court held that, a person who is
himself not eligible to be an Arbitrator under section 12(5) of the 1996 Act
cannot appoint another Arbitrator. Any appointment of Arbitrator by such
person is void ab initio.
128. D Refer section 14 of the Arbitration and Conciliation Act, 1996
130. B Refer section 15 of the Arbitration and Conciliation Act, 1996. Section 15(4)
49
states Unless otherwise agreed by the parties, an order or ruling of the
arbitral tribunal made prior to the replacement of an arbitrator under this
section shall not be invalid solely because there has been a change in the
composition of the arbitral tribunal.
131. C Refer section 16 of the Arbitration and Conciliation Act,1996
132. A The doctrine of “Kompetenz Kompetenz”, also referred to as “Compétence-
Compétence”, or “Compétence de la recognized”, implies that the arbitral
tribunal is empowered and has the competence to rule on its own
jurisdiction, including determining all jurisdictional issues, and the existence
or validity of the arbitration agreement
136. B Refer section 22 of the Arbitration and Conciliation Act,1996
Unless otherwise agreed by the parties, where, without showing sufficient
cause, the respondent fails to communicate his statement of defence in
accordance with sub-section (1) of section 23, the arbitral tribunal shall
continue the proceedings without treating that failure in itself as an
admission of the allegations by the claimant [and shall have the discretion to
treat the right of the respondent to file such statement of defence as having
been forfeited.
138. B Refer section 26 of the Arbitration and Conciliation Act,1996
141. D Refer section 31 of the Arbitration and Conciliation Act,1996 section 31(3)
states The arbitral award shall state the reasons upon which it is based,
unless(a) the parties have agreed that no reasons are to be given, or(b) the
award is an arbitral award on agreed terms under section 30.
142. C Refer section 31 of the Arbitration and Conciliation Act,1996Section 31(6)
states The arbitral tribunal may, at any time during the arbitral proceedings,
make an interim arbitral award on any matter with respect to which it may
make a final arbitral award
143. C Section 31(8) states The costs of an arbitration shall be fixed by the arbitral
tribunal in accordance with section 31A
144. A Refer section 32 of the Arbitration and Conciliation Act,1996
50
145. B It is not necessary to specify the dispute either in the arbitration agreement
or in the reference to the arbitrator. Such specification can also be made in
the proceedings before the arbitrator.
146. B Refer section 8 of the Arbitration and Conciliation Act, 1996
147. C A party may, before or during arbitral proceedings or at any time after the
making of the arbitral award but before it is enforced in accordance with
section 36, apply to a Court for interim relief
148. B Refer section 11 of the Arbitration and Conciliation Act, 1996
149. B Refer section 11 of the Arbitration and Conciliation Act, 1996An application
made under this section for appointment of an arbitrator or arbitrators shall
be disposed of by the arbitral institution within a period of thirty days from
the date of service of notice on the opposite party.
150. A Refer section 16 of the Arbitration and Conciliation Act, 1996.
151. A
152. B
153. A
154. D
155. A
156. B
157. C
158. C
159. C
160. A
161. C
162. B
163. C
164. C
165. C
166. B
167. A
168. B
169. C
170. B
171. C
51
172. B
173. B
174. C
175. A
176. B
177. A
178. D
179. A
180. D
181. C
182. A
183. C
184. B
185. B
186. D
187. B
188. A
189. C
190. C
191. C
192. B
193. B
194. C
195. C
196. D
197. C
198. A
199. C
200. B
52

DJS PT Test - Ii 19-11-2023

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Rahul’ s a blue print of success

DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023

Total Questions: 200

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