Monday, February 4, 2019

Rajasthan Judicial Service Exam Prelims Question Paper - 2016 (Question 26 - 50)


26. Under the provisions of Hindu Succession Act, 1956, any property inherited by a female Hindu from her father or mother shall devolve, in absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) :-
(l) Upon the heirs referred to in Section 15 (l) of the Act
(2) Upon the heirs of deceased fernale Hindu's father
(3) Upon the heirs of deceased female Hindu's husband
(4) None of the above

27. In which of the following cases has the Supreme Court ruled that under the Muslim Law a gift of immovable property fulfilling essential ingredients of a valid gift i.e. declaration of gift by donor, acceptance of gift by donee and delivery of possession, even if reduced into writing does not require compulsory registration?
(l) Hafeeza Bibi and others v.Shaikh Farid & others - (201l) 5 SCC 654
(2) Abdul Basit v. Mohd. Abdul Kadir Chaudhary & others- (2014) 10 SCC 754
(3) Abdul Gani Bhat v. Islamia College Governing Board - (201 l) l2 SCC 640
(4) None of the above

28. Part IX-B of thc Constitution of India containing Articles 243ZH to 243ZT pertaining to the Cooperative Societies was inserted by:-
(l) Constitution (Seventy Third Amendment) Act, 1992
(2) Constitution (Ninety Seventh Amendment) Act, 2011
(3) Constitr.rtion (Ninety First Amendment) Act, 2003
(4) Constitution (Ninety Fifth Amendment) Act, 2010

29. Whether a valid adoption under the Hindu Adoption & Maintenance Act, 1956, can be cancelled by the adoptive father or mother or any other person?
(l) Yes
(2) No
(3) Only by adoptive mother
(4) None of the above

30. Under which provision of the Rajasthan Land Revenue Act, 1956, power to stay execution of orders of lower court, has been conferred on the appellate authority?
(l) Section 151
(2) Section 41
(3) Section 81
(4) Section 75

31. Can a civil court adjudicate in a civil suit, upon any question relating to registration of a person in an electoral roll for a constituency, under the Rajasthan Panchayati Raj Act, 1994?
(l) Yes
(2) No
(3) Both (l) & (2)
(4) None of the above

32. Which provision of the Rajasthan Municipalities Act, 2009 deals with suits against Municipality or its officers?
(1) Section 302
(2) Section 304
(3) Section 182
(4) Section 199

33. Which of the following Statutes regulates the amount of legal practitioner's fee to be taxed as costs under a decree or order of a court?
(l) Code of Civil Procedure, 1908
(2) Rajasthan Court Fee & Suit Valuation Act, l96l
(3) General Rules (Civil), 1986
(4) Income Tax Act, 1961

34. In the event of death of the person referred to in sub-clause (i) of Section 2(i) of the Rajasthan Rent Control Act, 2001 , in case of premises let out for residential purposes, who of the following ordinarily residing with the tenant as member of his family upto his death shall be included within the definition of tenant ?
(1) surviving spouse, son, daughter, brother, sister, mother, father, grand father and grand mother
(2) surviving spouse, son, daughter, brother, sister, mother and lather
(3) surviving spouse, son, daughter, mother and lather
(4) surviving spouse, son and daughter

35. The authority competent under Rajasthan Tenancy Act, 1955 to decide a dispute about ownership of a tree and a right to remove it is :-
(1) Patwari
(2) Sadar Kanungo
(3) Tehsildar
(4) Sub-Divisional Officer

36. Which of the following statements is not correct :-
(1) In a criminal act done by several persons in furtherance of common intention of all, each of them will be held liable for that act.
(2) In an act done by several persons, the act being criminal only by reason of its being done with criminal knowledge or intention, all persons joining in the act, irrespective of such knowledge or intention, will be held liable for that act.
(3) In an offence done by means of several acts, all the persons intentionally cooperating in that act by doing any of those acts, will be held liable for that offence.
(4) In a criminal act done by several persons, all may be held liable for different offences by means of that act.

37. 'A', a public servant, having charge of translation of a document, makes an incorrect translation of a document with an intent to cause injury to  ‘B'. The offence committed by 'A' is :-
(1) Non-Cognizable.
(2) Non-Bailable.
(3) Non-Compoundable.
(4) All of the above.

38.'A'& 'B'orally agree to sell an estate. 'A' dishonestly induces , ‘B' to make advance payment of Rs.5 lacs and make final payment at the execution of conveyance. 'B' pays advance amount. Later on, at the request of .B' to execute the conveyance, 'A' denies the agreement as well as the receipt of any amount. What offence has been committed by 'A' ?
(l) Offence under Section 403 Indian Panel Code.
(2) Offence under Section 406 Indian Panel Code.
(3) Offence under Section 420 Indian Panel Code.
(4) Offence under Sections 420 & 465 Indian Panel Code.

39.'A'& 'B' are good friends. 'A' proposes, ‘B' for marriage, but she denies. 'A’ in suspicion of B's love affair with somebody else, monitors the use of mobile phone and email account by 'B'. What offence has been committed by ‘A'?
(l) Outrage the modesty.
(2) Voyeurism.
(3) Stalking.
(4) None of the above.

40. which of the following case upheld the constitutionality of Section 499 & 500 of the Indian Penal Code?
(1) Subramanian Swamy v. Union of India, Ministry of Law & Ors. 2016 (2) MLJ (Crl) 542
(2) Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1
(3) Brij Bhushan v. State of Delhi. AIR 1952 SC 329
(4) Manoj Narula v. Union of India. (2014) 9 SSC 1

41. The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to withdraw the prosecution. The accused shall be :-
(1) Released.
(2) Discharged.
(3) Acquitted.
(4) None of the above.

42. Statement A: Bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 has same incidents as bail granted under Chapter XXXIII of the Code.
Statement B : Bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 cannot be cancelled under Section 437(5) of the Code.
(1) Statement A is correct.
(2) Statement B is correct.
(3) Both the statements are correct.
(4) Both the statements are incorrect.

43. Any court may take cognizance of an offence after expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case that :-
(1) An attempt has been made to explain the delay.
(2) It is necessary so to do in the interest of justice.
(3) The State Government has given instructions for taking such cognizance.
(4) In 1 and 2 both the conditions.

44. On a declaration of forfeiture of a book by the State Government under Section 95 of Code of Criminal Procedure, the application to set aside lies to the :-
(l) District Magistrate.
(2) Chief Judicial Magistrate.
(3) District & Sessions Judge.
(4) High Court.

45. Which of the following is correct ?
(1) A person arrested by police officer without warrant shall be taken before a Magistrate without unnecessary delay.
(2) The detention of a person in police custody arrested without warrant, cannot exceed twenty-four hours even by a special order of Magistrate, excluding the time necessary for journey from place of arrest of the Magistrate’s court.
(3) The police officer shall discharge the person arrested of bailable offence without any bond or bail.
(4) All of the above.

46. The effect of error in stating the required particulars in the charge, shall be regarded material under which of the following circumstances :-
(1) When co-accused dies.
(2) When the accused is misled by the error.
(3) When a material witness becomes hostile.
(4) When the accused is declared absconded.

47. Under Section 428 of Code of Criminal Procedure, which of the following period of detention undergone by the accused shall be set-off against the sentence of imprisonment in a case :-
(1) Period of detention undergone in default of payment of line.
(2) Period of detention undergone during investigation and trial of that case.
(3) Period of detention undergone during investigation and trial of a similar case.
(4) All of the above.

48. During the course of trial of a murder case, which of the following may be proved :-
(l) Statement of confession of accused rnade in police custody during investigation.
(2) Recovery of the weapon of offence on basis of statement made by accused during investigation of another case.
(3) After recovery of dead body, the statement of accused as to the place where he threw the dead bodv.
(4) None of the above.

49. Which of the following statement is not correct ?
(1) The non-examination of the doctor endorsing the dying declaration, does not always affect the evidentiary value of the dying declaration.
(2) Non-signing of the dying declaration by a literate declarant unable to sign, does not render the veracity of dying declaration doubtful.
(3) When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant.
(4) the statements recorded in F.l.R. may be treated as dying declaration.

50. The report of a Medical Officer stating the injuries of the victim is :-
(l) Conclusive in nature.
(2) Relevant and admissible in evidence.
(3) Irrelevant.
(4) Substantive piece of evidence.

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