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National Eligibility and Scholarship Test - Mock 1

Test Instructions:
Total Questions 50
Total Time 60 Minutes
Marks for Correct Answer - [2]
Marks for Wrong Answer - [-0.5]

Paper Pattern
Question 1 - 10: Constitution of India
Question 11 - 20: Indian Contract Act
Question 21 - 30: Civil Procedure Code
Queston 31 - 40: Indian Penal Code
Question 41 - 50: Criminal Procedure Code

Name:

1. Choose the correct option from the given statement below regarding Doctrine of Colorable legislation:

What cannot be done directly cannot be done indirectly.

What can be done directly cannot be done indirectly.

Both (a) and (b).

None of the above.

2. ‘To see the real intent of legislature’ is dealt in which of the following Doctrines?

Doctrine of Implied power.

Doctrine of Colorable legislation.

Doctrine of Eclipse.

Doctrine of Pith and substance.

3. Doctrine of Eclipse of dealt with under which article of Constitution of India?

Article 11 Constitution of India.

Article 12 Constitution of India.

Article 13 Constitution of India.

Article 14 Constitution of India.

4. Doctrine of Sevrability provides

Through the Article 13 of the Indian Constitution opens the doors for the judicial review on any law or part of it that is found unconstitutional or voilative of fundamental rights.

If a law is partially unconstitutional, it would be deemed ineffective until an amendment is made.

Both (a) and (b).

None of the above.

5. ‘Doctrine of Waiver’ is dealt under which article of Constitution of India?

Article 11 Constitution of India.

Article 12 Constitution of India.

Article 13 Constitution of India.

Article 14 Constitution of India.

6. ‘If an Act contradicts Constitution or part of Constitution, then it should be removed also need to see that it should not affect its existence’ is provided in which Doctrine under Constitution of India?

Doctrine of Implied power.

Doctrine of Sevrability.

Doctrine of Eclipse.

Doctrine of Pith and substance.

7. Doctrine of Waiver provides that:

This doctrine is based on the principle that a person is the best judge of his own interest.

When given full knowledge, the person should be allowed to decide for himself.

Both (a) and (b).

None of the above.

8. Doctrine of eclipse lays down:

That advocates the concept of fundamental rights being prospective.

Is a Doctrinal principle.

If any law made by the Legislature is inconsistent with Part III of the Constitution, then that law is invalid and inoperative to the extent of it being overshadowed by the Fundamental Rights.

All the above.

9. Read the following assertion and reason and answer the following:

Assertion: In Doctrine of Implied power it is implied to be granted for working of government.

Reason: It is constitutional duty of people to pay tax, so when Bank collects tax it acts as an example of doctrine of implied power.

Both A and R are true and R is the correct explanation of A.

Both A and R are true but R is not the correct explanation of A.

A is true but R is false.

A is false but R is true.

10. Which of the following is not a Doctrine mentioned under Article 13 or 246 of Constitution of India.

Doctrine of Frustration.

Doctrine of Sevrability.

Doctrine of Eclipse.

Doctrine of Pith and substance.

11. Choose the correct option from the given statement below:

A proposal when accepted becomes a “Promise”.

An agreement enforceable by law is said to be void.

The person making the proposal is called “Promisee”.

The person accepting the proposal is called the “Promisor”.

12 Which among the following is/are necessary for contract?

Proposal

Consideration

Acceptance

All of the above.

13 “The communication of a proposal is complete when it comes to the knowledge of person to whom it is made.” Is provided under which section of Indian Contract Act 1872?

Sec. 3 Indian Contract Act, 1872

Sec. 2(b) Indian Contract Act, 1872

Sec. 4 Indian Contract Act, 1872

Sec. 5 Indian Contract Act, 1872

14 A Proposes, by letter, to sell a house to B at a certain price the communication of the proposal is complete when:

B receives the letter.

Letter is posted by A.

Both (a) and (b).

None of the above.

15 Ram agrees to pay Shayam ₹ 500 for giving false evidence in the court of law and later refuses to pay the amount promised. Choose the sutaible answer:

Shayam can sue Ram in the court of law.

Shayam cannot claim money from Ram as it is a void Contract.

This completely depends on discretion of the court.

Ram agrees to pay only ₹ 500 so it does not matter as it is minute amount.

16 Which among the following agreement is not a contract?

Agreement made with free consent of parties.

Agreement made with Minor.

Agreement made with lawful consideration.

Agreement made with parties who are competent to contract.

17 Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject. This is provided under which section of Indian Contract Act, 1872?

Sec.7 Indian Contract Act, 1872.

Sec. 9 Indian Contract Act, 1872.

Sec. 11 Indian Contract Act, 1872.

Sec. 13 Indian Contract Act, 1872.

18 In order to convert a proposal into promise the acceptance must be:

Absolute

Unqualified

Expressed in some usual and reasonable manner

All the above.

19 Read the following assertion and reason and answer the following:

Assertion: A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Reason: A patient in a lunatic asylum, who is, at intervals, of sound mind, may contract during those intervals.

Both A and R are true and R is the correct explanation of A.

Both A and R are true but R is not the correct explanation of A.

A is true but R is false.

A is false but R is true.

20 Can fraud be committed by keeping silent?

Yes

21 Supreme Court of India laid down law relating to dispute resolution process and section 89 of Civil Procedure Code, 1908. Choose the correct case law from the options given below:

Afcon Infrastructure ltd v. Cherian Varkey Construction Company.

Arjun Singh v. Mohindder Kumar.

None of the above

22 Foreign judgments can be challenged on the ground of:

Competency of court.

Judgment obtained by fraud.

Witnessing breach of law.

All of the above.

23 In which of the following cases Supreme Court provided that even after ex party proceeding the defendant can take part in the further proceeding of the suit?

Standard charter bank v. Noble kumar.

State of Bombay v United Motors.

Arjun Singh v. Mohindder Kumar.

State of Rajasthan v. Vidyavati.

24 An order passed under section 151 of Code of Civil Procedure is :

Non reversible.

Reversible

None of the above.

25 Notice is provided under which section of civil procedure code, 1908?

Section 79 Civil Procedure Code, 1908.

Section 80 Civil Procedure Code, 1908.

Section 70 Civil Procedure Code, 1908.

Section 90 Civil Procedure Code, 1908.

26 Issues heard and decided by competent court’s jurisdiction shall operate as ________.

Sub Judice.

Res Judicata.

Both (a) and (b).

None of the above.

27 Under section 34(1) of Civil Procedure Code, 1908 Maximum yearly rate of interest awardable should not exceed:

4% per annum.

5% per annum.

6% per annum.

None of the above.

28 Section 35 of Civil Procedure Code, 1908 lays down:

Price.

Value.

Amount.

Costs.

29 Read the following assertion and reason and answer the following:

Assertion: Restitution of conjugal right is a principle used in family courts.

Reason: Under Restitution of Conjugal rights degree implies that the guilty party is ordered to live with aggrieved party.

Both A and R are true and R is the correct explanation of A.

Both A and R are true but R is not the correct explanation of A.

A is true but R is false.

A is false but R is true.

30 Second appeal lies to the High Court from every decree passed in appeal by any subordinate court to high court if it involves:

A substantial question of law.

A substantial question of fact.

Both (a) and (b).

None of the above.

31 Theft is defined in:

Section 378, Indian Penal Code 1860.

Section 379, Indian Penal Code 1860.

Section 380, Indian Penal Code 1860.

Section 381, Indian Penal Code 1860.

32 Under section 383 of Indian Penal Code 1860 major elements of extortion includes:

Fear of injury.

Inducing person for property or valuable security.

Fear of grievous hurt or death.

All of the above.

33 Injury as defined under section 44 of Indian Penal Code 1860 provides:

Harm illegally caused to a person, in body only.

Harm illegally caused to a person, in body and reputation.

Harm illegally caused to a person, in body, reputation or property.

None of the above.

34 ‘Life’ is provided under which section of Indian Penal Code, 1860?

Section 44, Indian Penal Code 1860.

Section 45, Indian Penal Code 1860.

Section 46, Indian Penal Code 1860.

Section 47, Indian Penal Code 1860.

35 A person is said to cause an effect "voluntarily" when he causes it by means:

Whereby he intended to cause it.

By means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Both (a) and (b).

None of the above.

36 The word ‘Women’ denotes:

A female who has attained the age of majority.

A female human being of any age.

A little girl can be called a female but not a woman.

None of the above.

37 Section 77 of Indian Penal Code 1860 provides:

Act done by a person or by mistake of fact believing himself justified, by law.

Act done pursuant to the judgment or order of Court.

Act of Judge when acting judicially.

None of the above.

38 ‘Movable property’ includes:

Corporeal property.

Except land and things attached to earth.

Permanently fastened to anything which is attached to the earth.

All of the above.

39 Read the following assertion and reason and answer the following:

Assertion: Lumps of unstamped copper, though used as money, are not coin.

Reason: Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin notwithstanding that it may have ceased to be used as money.

Both A and R are true and R is the correct explanation of A.

Both A and R are true but R is not the correct explanation of A.

A is true but R is false.

A is false but R is true.

40 Culpable homicide is Murder except:

The act by which the death is caused is done with the intention of causing death.

The act by which the death is caused is not done with the intention of causing death.

The act by which the death is caused is done with no intention of causing death.

None of the above.

41 Choose the correct option from the given statement below:

Bailable offence means an offence which is shown as bailable in the first schedule.

Bailable offence means an offence which is shown as bailable in the second schedule.

Bailable offence means an offence which is shown as non bailable in the first schedule.

Bailable offence means an offence which is shown as bailable in the first schedule or non bailable by any other law for the time being in force.

42 The state Government shall establish a court of session for every sessions devision is provided in which section of Code of Criminal Procedure, 1973?

Section 6 Code of Criminal Procedure, 1973.

Section 7 Code of Criminal Procedure, 1973.

Section 8 Code of Criminal Procedure, 1973.

Section 9 Code of Criminal Procedure, 1973.

43 Under Section 30 Code of Criminal Procedure, 1973 sentence of imprisonment on default of fine is awarded by:

Court of chief judicial magistrate.

Metropolitan magistrate.

Both (a) and (b).

None of the above.

44 Under chapter IV of Code of Criminal Procedure, 1973 ‘Warrant of arrest’ is provided in which sections of the code?

Section 61-69 Code of Criminal Procedure, 1973.

Section 70-81 Code of Criminal Procedure, 1973.

Section106- 110 Code of Criminal Procedure, 1973.

Section 129-132 Code of Criminal Procedure, 1973.

45 Section 97 Code of Criminal Procedure, 1973 provides:

Application to high court to set aside declaration of forfeiture.

Search for a person wrongfully confined.

Both (a) and (b).

None of the above.

46 Choose the incorrect option from the given statement below in relation to the first information report:

It cannot be used as a previous statement for any purpose.

The information need not be eye witness.

It is not substantive evidence.

All of the above.

47 Sections 6-15 of Code of Criminal Procedure, 1973 deals with:

Arrest.

First information report.

Either (a) or (b).

Power and functions of criminal court.

48 Akshay is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust. He is only charged with theft but looks like he had committed criminal breach of trust. He may be:

Acquitted.

Discharged.

Convicted for criminal breach of trust.

None of the above.

49 The maximum term of imprisonment awardable in a summary trial is:

6 months.

3 months.

1 month.

1 year.

50 Under which section of Code of Criminal Procedure, 1973 A District Magistrate or a Sub Divisional magistrate may prevent environmental pollution.

Section 151 Code of Criminal Procedure, 1973.

Section 133 Code of Criminal Procedure, 1973.

Section 102 Code of Criminal Procedure, 1973.

Section 145 Code of Criminal Procedure, 1973.

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