Monday, February 4, 2019

Rajasthan Judicial Service Exam Prelims Question Paper - 2016 (Questions 1 - 25)


1. An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by :-
(l) Sole arbitrator.
(2) Five arbitrators.
(3) Three arbitrators.
(4) Four arbitrators.

2. Specific performance of any contract may be ordered where :-
(l) The exists no standard of ascertaining actual damage by non performance of the act to be done.
(2) Compensation in money is adequate relief.
(3) The performance of the contract involves performance of continuous duty which the court cannot supervise.
(1) The contract is by its nature determinable.

3. A partnership firrn is :-
(l) A distinct legal entity from its partners.
(2) An independent juristic person.
(3) An agent of its partners.
(4) None of the above.

4. In view of Section 105 of the Transfer of property Act, 1882 a lease of immovable property is a transfer of :-
(1) A right to enjoy such property in consideration of a price paid or promised or of money, a share of crops, service or any other thing of value.
(2) An interest in specific immovable property for securing the payrnent of rnoney advanced.
(3) Ownership in consideration of price paid or prornised.
(4) certain immovable property, made voluntarily and without consideration.

5. Which Article of the Constitution of India provides that the law declared by the Supreme Court of India shall be binding on all courts within the territory of India?
(l) Article 141
(2) Article 139-A
(3) Article 140
(l) Article 142

6. A lease of immovable property for any term exceeding one year can be made:-
(1) Only by a registered instrument
(2) By oral agreement
(3) By oral agreement accompanied with delivery of possession
(4) Either by oral agreement or by a registered instrument

7. Provisions of Section 5 of the Limitation Act, 1963 for extension of prescribed period are applicable to :-
(l) A suit
(2) An application for execution of decree
(3) Both the above
(4) None of the above

8. A suit may be defeated due to :-
(1) Non joinder of a proper party
(2 ) Misjoinder of a necessary party
(3) Nonjoinder of a necessary party.
(4) Misjoinder of a proper party.

9. Communication of acceptance is complete as against the proposer :-
(1) When it comes to the knowledge of the proposer.
(2) When it is put in the course of transmission to the proposer so as to be out of power of the acceptor.
(3) When the acceptance is communicated to the proposer.
(4) All the above.

10. The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot :-
( l) Re-examine a witness
(2) Decide objections raised during the recording of evidence
(3) None of the above
(4) Both (l) & (2)

11. 'Premises' under the Rajasthan Rent Control Act, 2001 does not include :-
(l) Out house appurtenant to a building
(2) Accommodation in a hostel
(3) Both (l) & (2)
(4) None of the above

12. 'Dominant heritages' under the Easements Act, 1882 means :-
(1) The Land for the beneficial enjoyment of which the right exists
(2) The land on which the liability is imposed
(3) Both (l) & (2)
(4) Neither (l) nor (2)

13. 'Lok Adalats' are organized under which legislation?
(l) Motor Vehicles Act, 1988.
(2) The Legal Services Authorities Act, 1987
(3) Code of Civil Procedure, 1908
(4) None of the above

14. The Indian Evidence Act, 1872 applies to :-
(l) all judicial proceedings in or before any Court
(2) Affidavits presented to any Court or Officer
(3) Proceedings before an Arbitrator
(4) all the above

15. The Hindu Marriage Act, 1955 is not applicable to :-
(1) a follower of the Brahmo Samaj
(2) the person, who is a Sikh by religion
(3) any person, who is a convert to the Hindu religion
(4) the members of any Scheduled Tribe

16. The special provisions as to payment of compensation on structured formula basis under the Motor Vehicles Act, 1988 are contained in :-
(1) Section 140
(2) Section 163
(3) Section 163-A
(4) Section 166

17. The Negotiable Instrument Act, 1881 provides for making which of the following presumptions as special rule of evidence, until the contrary is proved:-
(l) that every negotiable instrument bearing a date was not made or drawn on such date
(2) that every transfer of negotiable instrument was not made before its maturity
(3) that a lost promissory note, bill of exchange or cheque was duly stamped
(4) all the above

18. A document registered under the Registration Act, 1908 operates :-
(1) from the time of its registration
(2) from the time from which it would have commenced to operate, if no registration was required
(3) at the choice of executants
(4) all the above

19. Under the Rajasthan Tenancy Act, 1955, the sale, gift or bequest of Khatedari interests by a member of the Scheduled Caste in favour of a person, who is not a member of Scheduled Caste shall be :-
(1) valid
(2) void
(3) voidable
(4) voidable at the instance of transferor

20. Appeals from original decrees under the Rajasthan Tenancy Act, 1955 is provided under :-
(1) Section 223
(2) Section 224
(3) Section 225
(4) Section 229

21. If an instrument comes within several descriptions in the Schedule to the Rajasthan Stamp Act, 1998, where the duties chargeable are different, stamp duty is chargeable :-
(1) with the lowest of such duties
(2) with the highest of such duties
(3) at the choice of the executants
(4) none of the above

22. An instrument chargeable with the duty under the Rajasthan Stamp Act, 1998, unless such instrurnent is duly stamped :-
(1) cannot be admitted in evidence for any purpose
(2) can be acted upon
(3) can be registered or authenticated
(4) all the above

23. Under the provisions of Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, the prescribed authority on the application of a bank cannot make an order against :-
(l) the agriculturist, who has availed financial assistance
(2) heirs or legal representative of the agriculturist
(3) guarantor of the agriculturist
(4) tenant of the agriculturist

24. In a suit for partition and separate possession ofjoint family property or property owned jointly or in common by a plaintiff who is in joint possession of such property, if the value of plaintiff’s share exceeds Rs. 10,000/-, the court fees payable in Rajasthan would be :-
(1) computed on the market value of the plaintiff’s share of the property
(2) computed on half of the market value of the plaintiff s share
(3) fixed court fee of Rs.200/-
(4) computed on market value of the entire property

25. Which provision of the Rajasthan Court Fees and Suits Valuation Act, l961 provides for refund of full amount of fee where a suit is settled by any one of the modes provided under Section 89 of the Code of Civil Procedure?
(1) Section 63
(2) Section 65-A
(3) Section 65-B
(4) Section 68

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