National Eligibility and Scholarship Test - Mock 3
Test Instructions:
Total Questions 50
Total Time 60 Minutes
Marks for Correct Answer - [2]
Marks for Wrong Answer - [-1]
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
Test Instructions:
Total Questions 50
Total Time 60 Minutes
Marks for Correct Answer - [2]
Marks for Wrong Answer - [-1]
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
1. Whose prior permission is required to introduce a bill in the parliament for the reorganization of state?
President of India.
CM of the concerned State.
Prime Minister of India
Vice President of India
2. K.C Wheare described India as:
Federal State.
Quasi Federal State.
Botha (a) and (b)
Neither (a) nor (b)
3. The total number of member nominated by president to the Lok Sabha and the Rajya Sabha is:
12
13
14
15
4. The first women Governor of a state in free India was:
Mrs. Indra Gandhi.
Mrs. Sarojni Naidu.
Mrs. Padmaja Naidu.
Nobe of the above.
5. The Union council of minister consists of:
Cabinet Ministers, Ministers of State and Deputy Minister.
Chief Ministers of the state.
Botha (a) and (b)
Neither (a) nor (b)
6. On proclamation of emergency under Article 352 the president has power to suspend the fundamental rights except the right secured by -
Article 19 and 20
Article 20 and 21
Article 21 and 22
Article 19, 20 and 21
7. When the two houses of Parliament differ regarding a bill, deadlock is resolved by-
A joint siting of two houses
The president of India
The prime minister of India
Special committee
8. ________ of the total number of memebers of Goods and Services Tax Council shall constitute the ‘Quorum’ at it’s meetings
One Third
One fourth
Half
Two Third
9. Disqualification on ground of defection would not apply in case of merger if not less than _____ of the members of the Legislature party concerned have agreed to such merger
One fourth
One third
Half
Two third
10. How many schedules are there in Constitution of India
10 Schedules
12 Schedules
14 Schedules
16 Schedules
11. Deepika and Ria agree that Deepika shall pay Ria 1,000 rupees, for which Ria shall afterwards deliver to Deepika either rice or smuggled marijuana. The contract is:
Completely valid.
Completely void.
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced so it is valid to deliver rice.
Void ab initio because Ria only deals with drugs.
12. Is Novation a type of quasi contract?
Yes.
No.
13. When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it is:
Principle of compensatory damages.
Doctrine of frustration
Both (a) and (b).
Neither (a) or (b).
14. Insurance is a contract of:
Indemnity
Bailment
Guarantee
Agency
15. Sameera an agent to Atul contracts without disclosing name and existence of Atul, in such case on knowing the principal the third party may file suit against:
Either Sameera or Atul or both.
Only against Sameera.
Only against Atul.
Neither Sameera nor Atul.
16. Given below are 2 illustrations, among them which of the following shows effect of misrepresentation or fraud by agent on an agreement?
- A, being B’s agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by B to make. The contract is voidable, as between B and C, at the option of C.
- A, the captain of B’s ship, signs bills of lading without having received on board the goods mentioned therein. The bills of lading are void as between B and the pretended consignor.
Both (i) and (ii) is true.
(i) is true but (ii) is false.
(i) is false but (ii) is true.
Both (i) and (ii) is false.
17. Hemant employs Balvinder to recover 1,000 rupees from Chandan. Through Balvinder’s misconduct the money is not recovered. Balvinder is entitled to
No remuneration for his services.
Must make good the loss.
Both (a) and (b).
None of the above.
18. A consigns goods to B for sale, and gives him instructions not to sell under a fixed price. C, being ignorant of B’s instructions, enters into a contract with B to buy the goods at a price lower than the reserved price.
A is bound by the contract.
A is not bound by the contract.
B will be liable for loss caused to A
None of the above.
19. A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death. This is provided under which section of Indian Contract Act, 1872?
Sec. 201 Indian Contract Act, 1872.
Sec. 202 Indian Contract Act, 1872.
Sec. 203 Indian Contract Act, 1872.
Sec. 204 Indian Contract Act, 1872.
20. Under sec. 25 of Indian Contract Act, 1872 it is provided that agreement without consideration are void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law. What is the status of consideration in contract of Agency?
Consideration is an important element to contract.
Consideration is not necessary.
Consideration is necessary.
None of the above.
21. Who may be joined as plaintiffs is laid down under which rule of Order 1, Civil Procedure Code, 1908?
Rule 10 Order 1 Civil Procedure Code, 1908.
Rule 11 Order 1 Civil Procedure Code, 1908.
Rule 1 Order 1 Civil Procedure Code, 1908.
None of the above.
22. Where is Joinder of causes of action provided under Civil Procedure Code, 1908?
Rule 1 Order 1 Civil Procedure Code, 1908.
Rule 3 Order 2 Civil Procedure Code, 1908.
Rule 3 Order 1 Civil Procedure Code, 1908.
Rule 3 Order 3 Civil Procedure Code, 1908.
23. Which Order of Civil Procedure Code, 1908 deals with Institutions of suits?
Order 4 Civil Procedure Code, 1908.
Order 6 Civil Procedure Code, 1908.
Order 8 Civil Procedure Code, 1908.
Order 10 Civil Procedure Code, 1908.
24. Order 5 Civil Procedure Code, 1908 deals with:
Issue and services of summons.
Frame of suit.
Institutions of suit.
Parties to suit.
25. Rule 6 B Order 8 Civil Procedure Code, 1908 provides:
Counter claim to be stated.
Counter claim by defendant.
Duty of defendant to produce documents upon which relief id claimed or relief upon by him.
Written statements.
26. Under the provisions of Civil Procedure Code 1908 plea of adverse possession is a defense available:
Only to plaintiff against defendant.
Only to defendant against plaintiff.
Both plaintiff and defendant.
Only to movable property.
27. The re appreciation of evidence in second appeal
Is subject to review.
Is permissible.
Is not permissible.
None of the above.
28. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to:
Give more power to Civil Courts.
Reduce the power of Civil Courts.
Cut short delay in disposal of suit.
Make provision stringent.
29. Preliminary decree can be passed in a suit
For partition.
Of partnership.
For possession and mesne profits.
All the above.
30. Preliminary decree is one:
Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit.
Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit.
Both (a) & (b).
Neither (a) nor (b).
31 Which of the following punishment cannot be awarded under the Indian penal code:
Forfeiture of property.
Death.
Transportation of life.
Simple imprisonment.
32. Nothing is an offence which is done by a child below the age of:
10 years.
7 years.
12 years.
18 years.
33. Which of the following statement is not correct about ‘Rape’?
Consent is immaterial if she is under 16 years of age.
Penetration is sufficient.
Intercourse by a man with his wife is rape.
Death penalty may be awarded.
34. Abetment of murder is provided under which See section of Indian Penal Code, 1860.
See section 82 of Indian Penal Code, 1860.
See section 100 of Indian Penal Code, 1860.
See section 78 of Indian Penal Code, 1860.
See section 108 of Indian Penal Code, 1860.
35. Which is the only offence where mere preparation of such offence is also punishable?
Dacoity.
Robbery.
Murder.
Theft.
36. Under section 46 of Indian Penal Code , death denotes:
Death of a human being.
Death of an animal.
Death of a human being and of an animal both.
Death of either human being or an animal.
37. Illegal signifies
Everything which is an offence
Everything which is prohibited by law
Everything which furnishes ground for civil action
All the above
38. Animal Denotes:
Any living creature including human being
Any living creature other than a human being
Nay creature- live or dead
Either (a) or (c)
39. How many types of punishments have been prescribed under the Indian Penal Code
3
6
5
4
40 Under section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment:
Has to be wholly rigorous.
Has to be wholly simple.
Can be partly rigorous and partly simple.
Either (a) or (b).
41 Under which of the following sections of Code of Criminal Procedure 1973, Magistrate II class can conduct Summary Trial?
Section 260 Code of Criminal Procedure 1973.
Section 261 Code of Criminal Procedure 1973.
Section 262 Code of Criminal Procedure 1973.
Section 263 Code of Criminal Procedure 1973.
42 Treatment of the victim has been incorporated under Code of Criminal Procedure 1973 by Criminal Law Amendment Act 2013, under:
Section 357(A) Code of Criminal Procedure 1973.
Section 357 (B) Code of Criminal Procedure 1973.
Section 357 (C) Code of Criminal Procedure 1973.
Section 357 Code of Criminal Procedure 1973.
43 In relation to the first information report which of the following statements is not correct?
It is not substantive evidence.
It merely marks the beginning of the investigation.
It cannot be used as a previous statement for any purpose.
The information need not be an eye witness.
44 If it appears to the Magistrate that the offence complained of its triable exclusively by the court of session he under section 202 Code of Criminal Procedure 1973, postponing the issue of process against the accused:
Shall commit the case to the Court of Session.
May direct an investigation to be made by a police officer.
Shall call upon the complainant to produce all his witnesses and examine them on oath.
None of the above.
45 The appeal against an order of acquittal passed by the court of judicial magistrate first class shall lie to:
The Court of CJM.
The Court of Session.
The High Court.
The Supreme Court.
46 Wife will not receive maintenance from husband if she is living her life committing adultery. Choose the correct answer in accordance with this statement:
Not true.
True.
In landmark cases only.
47 Choose the correct option from the given statement below:
In a criminal appeal, accused dies and his near relatives wish to continue to appeal then within 30 days they must apply for the same.
In a criminal appeal, accused dies and his near relatives wish to continue to appeal then within 60 days they must apply for the same.
In a criminal appeal, accused dies and his near relatives wish to continue to appeal then within 90 days they must apply for the same.
None of the above.
48. Court of sessions includes:
District Judge.
Additional District Judge.
Assistant District Judge.
All of the above.
49 Which are the 2 parties in any criminal case?
Plaintiff and Defendant.
Prosecution and Accused.
Both (a) and (b).
CrPC is divided majorly into 2 parts before charge and after charge. Which provision of Code of Criminal Procedure 1973 provides content of charge?
See section 200, Code of Criminal Procedure 1973.
See section 211, Code of Criminal Procedure 1973.
See section 221, Code of Criminal Procedure 1973.
See section 236, Code of Criminal Procedure 1973.
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