Saturday, October 23, 2010

LAW OFFICERS EXAM CONSTITUTIONAL LAW/CRIMINAL LAW QUESTIONS

1. Consider the following statements
1. Truth is not a justification for seditious utterances.
2. Truth which does not have some effect of promoting disaffection towards the government is a justification.
Which of the statements given above is/are correct?
(a) l only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)

2. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Case) (Major Subject)
A. Amjad Khan Vs State 1. Public servant and contempt of court
B. T.R.Thananjaya Vs Vasudevan 2. Common Intention to commit an offence
C. Gurdatta Mat Vs State of UP 3. Right of private defense
4. Inflicted injury leading to murder
Codes:
A B C
(a) 2 1 4
(b) 3 1 2
(c) 2 4 1
(d) 3 1 4
Ans. (a)

3. Consider the following statements:
Anything is said to have been done dishonestly if it has been done with intention to
1. cause wrongful loss to any person and wrongful gain to another person.
2. cause injury to any person.
Which of the statements given above is/are correct?
(a 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)

4. Which one of the following statements is correct?
The general defenses provided in General. Exceptions in the Indian Penal Code (IPC) can be pleaded
(a) for IPC offences only
(b) for IPC offences and offences under local law only
(c) for IPC offences and offences under special law only
(d) for IPC offences and offences under local or special
Ans. (d)
5. Which of the following is/are the essential elements (s) to be proved for prosecuting a public servant for criminal misappropriation?
1. Custody
2. Entrustment
Select the correct answer by using the codes given below:
(a) 1 only
(b) 2 only
(c) Both l and 2
(d) Neither 1 nor 2
Ans. (b)

6. Which one of the following statements is correct?
Whether an article supplied for a minor, amounts to be necessary or not is
(a) a question of law
(b) a question of fact
(e) mixed question of law and
(d) decided solely at the discretion of the guardian
Ans. (b)

7. ‘A’ enters into a bet with ‘B’. ‘A’ promises that he will pay Rs. 50,000/- to ‘B’ if Australia defeats India in one day international being played at Delhi. ‘B’ in turn promises to pay Rs. 50,000/- to ‘A’ if India defeats Australia. India defeats Australia and ‘B’ instead of paying the amount to ‘A’ executes a promissory note in favour of ‘A’, promising that he will pay money On or before a specified date. No witness attests the promissory note. The promissory note is not registered, ‘B’ fails to pay within the stipulated time. On the basis of the above, which one of the following is the correct answer?
(a) The promissory note has no validity in the eye of law because it is not attested
(b) The promissory note has no validity in the eye of law because it is not registered
(c) The promissory note has no validity in the eye of law because it is for debt due on wagering contract
(d) The promissory note has no validity in the eye of law because betting should involve only cash transactions
Ans. (c)

8. Which one of the following statements is correct in regard to a contract for sale of immovable property?
(a) Time is always the essence of the contract
(b) Time is never the essence of the contract
(c) Time would not be regarded as the essence of the contract unless it is shown that the parties intended so
(d) Since it is a sale of immovable property, even parties cannot intend to make time, the essence of the contract
Ans. (c)

9. Which one of the following statements is correct?
Doctrine of frustration comes into play
(a) when both the parties are frustrated
(b) when either of the parties is frustrated
(c) when the object has failed
(d) when there is commercial hardship
Ans. (c)

10. Consider the following statements:
1. Doctrine of frustration is not applicable when the rights and obligations of tjie parties arise under the Transfer of Property Act.
2. If and when there is frustration, the contract automatically comes to an end.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

11. Which one of the following statements is correct?
When a contract is caused by fraud, the contract is
(a) void or initio
(b) voidable from inception
(c) voidable by subsequent events
(d) valid
Ans. (b)

12. Consider the following statements:
Where the tender of performance is rejected by the other party,
1. the promisor has to still perform the contract but can claim damages.
2. the promisor is excused from further performance and is entitled to sue the promisee for breach of contract.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)

13. Which one of the following statements is correct?
Generally, quasi-contractual obligations are based on the theory of
(a) implied term
(b) just and reasonable solution
(c) implied-in-fact contract
(d) unjust enrichment
Ans. (d)
14. Assertion (A): If A does work B without his request or knowledge, he can sue for the value of his work.
Reason (R): Acquiescence can be presumed from silence
Codes:
(a) Both A and R are individually true and R is the correct explanation of A.
(b) Both A and R are individually true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Ans. (d)

15. Which one of the following statements is correct?
An agreement to which the consent of the promisee is freely given, is not void merely because the
(a) consideration is not there
(b) consideration is not adequate
(c) consideration is past
(d) consideration is not spelt out clearly
Ans. (b)

16. Consider the following statements:
1. Two manifestations of willingness to make the same bargain do not constitute a contract.
2. Contractual obligations arise if services are rendered which, in fact, fulfill the terms of an offer but are performed in ignorance that the offer exists.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

17. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List -II
(Case) (Principle)
A. Lalman Shukla Vs Gauri Dutt 1. Privity of contract
B. McPherson Vs Appana 2. General offer
C. Banwarilal Vs Sukhdarshan Dayal 3. Invitation to treat
D. M.C. Chackoo Vs State Bank of Travancore 4. Intention to create legal relationship
Codes:
A B C D
(a) 1 4 3 2
(b) 2 3 4 1
(c) 1 3 4 2
(d) 2 4 3 1
Ans. (b)
18. consider the following statements:
In Bhagvandas Goverdhandas Kedia Vs Girdharilal Parshottamdas and Co, it was laid down that
1. section 4 does not imply that the contract is made qua the proposer at one place and qua the acceptor at another place.
2. the communication of acceptance should be from a person who has the authority to accept. Information received from an unauthorized person is ineffective.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
Cd) Neither 1 nor 2
Ans. (a)

19. Which one of the following statements is correct?
Promissory estopple is
(a) a variant of deception
(b) not a form of contract
(c) an equitable doctrine
(d) a type of offer
Ans. (c)

20. Consider the following statements:
1. Misrepresentation is also a subtle species of fraud.
2. Section 56 of the Indian Contract Act, 1872 does not leave the matter to be determined according to the intention of the parties.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ant (c)

21 A, a public servant is authorized by warrant from court of justice to apprehend Z.B. knowing that fact and also that C is not Z, willfully represents to A that C is Z and thereby cause A to apprehend C. How does B abet?
(a) By way of instigation
(b) By way of conspiracy
(c) By way of aiding
(d) By way of supporting
Ans. (a)

22. Consider the following statements:
To constitute abetment it is
1. necessary that the act abetted must be committed.
2. not necessary that the act abetted must be committed.
23. necessary that the person abetted must have the same intention or knowledge as that of the abettor.
Which of the statement given above represent(s) the correct position of law?
(a) 2 only
(b) 2 and 3
(c) 1 only
(d) 3 only
Ans. (a)

24. P instigates Q to cause the death of R. P gives a gun to Q to shoot at R. Q shoots at R in the presence of P causing R’s death.
Which one of the following statement is correct?
(a) Both P and Q are liable for criminal conspiracy
(b) Both P and Q ire jointly liable for the murder of R
(c) Q is liable for murder, P is only an abettor
(d) Only P is liable for criminal conspiracy
Ans. (b)

25 What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?
(a) In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of conspiracy
(b) There is no difference at all
(c) In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act needs to have taken place
(d) In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential
Ans. (a)

26 Consider the following statements:
1. Intention is the essence of sedition.
2. Intention is irrelevant in sedition.
3. Result is the essence of sedition.
4. Intention and result both are important is sedition.
Which of the statement given above is/are correct?
(a) 1 only
(b) 2 and 3
(c) l and 3
(d) 4
Ans. (a)

27. Which of the following cases will amount(s) to culpable homicide?
1. A police constable fired at an unruly mob in obedience to the orders of his higher officer and killed several persons.
2, A person killed one of the offenders at the time of commission of robbery.
3. Death is caused without premeditation in a sudden fight.
Select the correct answer using the code given below:
(a) l and 2
(b) 2 and 3
(c) 3 only
(d) 1, 2 and 3
Ans. (a)

28. A cuts down a tree on B’s land with the intention of dishonestly taking the tree out of B’s possession, without B’s consent. A has committed. which offence?
(a) Criminal misappropriation
(b) Criminal breach of trust
(c) Extortion
(d) Theft
Ans. (d)

29. The accused is a warehouse-keeper. The complainant, going on a journey, entrusts his furniture to the accused under a contract that the furniture would be returned on payment of stipulated sum of money. The accused sells the furniture. The accused is guilty of which one of the following?
(a) Criminal misappropriation
(b) Theft
(c) Robbery
(d) Criminal breach of trust
Ans. (d)

30. Consider the following statements:
1. A claim for damages arising out of breach of contract is not debt.
2. A person who enters into a contract with Government does not necessarily thereby undertake any public duty.
.Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)

31. Consider the following statements:
The communication of an acceptance is complete
1. as against the acceptor when it comes to the knowledge of the proposer.
2. as 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.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

32. Consider the following statements:
1. According to Justice Patterson, consideration may be some benefit to the plaintiff or some detriment to the defendant.
2. According to Section 2(d) of the Indian Contract Act, the definition of consideration requires that the act or abstinence should be done by promisee only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)

33. What is the primary object of law of damages for a breach of contract?
(a) To enrich the party who sustained loss
(b) To give some type of compensation
(c) To punish the patty who committed breach of contract
(d) To put the party who sustained loss in the same position as if the contract has been performed
Ans. (d)

34. Which one of the following statements is not correct?
For breach of contract
(a) punitive damages are not recoverable
(b) damages are compensatory, not penal
(c) an inconvenience caused by the breach of contract is not taken into account while assessing damages
(d) motive for and the manner of breach are not taken into account while assessing damages
Ans. (c)

35. Which one of the following does not amount to fraud?
(a) Active concealment of fact
(b) A promise without any intention of performing it
(c) Suggestion as a fact of that which is not true by one who does not believe it to be true
(d) A representation made without knowing it to be false, honestly believing it to be true
Ans. (d)

36. Consider the following statements:
1. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the opinion of the party whose consent was so caused.
2. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

37. Consider the following statements:
1. An agreement to agree in the future is void, for there is no certainty whether the parties will be able to agree.
2. Where only a part or a clause of the contract is uncertain, but the rest is capable of bearing a reasonably certain meaning, the contract will be void.
Which of the statements given above is/are correct?
(a) 1 only
(c) Both 1 and 2
(b) 2 only
(d) Neither 1 nor 2
Ans. (a)

38. What is committing or threatening to commit any act forbidden by the J.P.C., or the unlawful detaining or threatening to detain any property to the prejudice of any person with the intention of causing any person to enter into an agreement called?
(a) Undue influence
(b) Fraud
(b) Coercion
(d) intimidation
Ans. (c)

39. Consider the following statements regarding fraud and misrepresentation:
1. Both render the contract voidable.
2. Misrepresentation is a cause of action in tort for damages.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)

40. Which one of the following statements is not correct?
(a) In cases of general offers, communication of acceptance is not necessary
(b) Acceptance has to be made in the manner prescribed by the proposer (if not prescribed, then in some usual and reasonable manner)
(c) A communication of acceptance to a person other than the offerer is no communication in the eyes of law
(d) The communication may not be made by acceptor himself
Ans. (d)

41. Which one of the following is an essential component of a valid contract?
(a) Social and economic pressures, the parties are exposed to
(b) Dominance of one party over the other
(c) Legal influence of the parties
(d) Competence and the contractual capacities of the parties
Ans. (d)

42. Which of the following agreement(s) is/are void?
1. Agreement without consideration.
2. Agreement in restraint of legal proceedings.
3. Agreement affected by fraud.
Select the correct answer using the code given below:
(a) 3 only
(b) 2 only
(c) l, 2 and 3
(d) l and 2
Ans. (d)

43. What is an agreement to discover a treasure by magic?
(a) Valid contract as it is voluntarily concluded
(b) Void contract as it is impossible of performance
(c) Voidable contract as it amounts to misrepresentation
(d) Unenforceable contract as it is against notions of public policy
Ans. (b)

44. A contracts to pay B Rs. 10,000/- if B’s house is burnt.
What type of contract is this?
(a) Wagering contract
(b) Unlawful contract
(c) Contingent contract
(d) Voidable contract
Ans. (c)

45. A supplies to B- A lunatic with necessaries suitable to his condition in life. Can A recover the value of necessaries from B?
1. A cannot recover as B is not competent to make a contract.
2. A cannot recover as no legal action lies against B.
3. A can recover by making B’s property liable.
Which of the above is/are the valid reason(s)?
(a) l only
(b) l and 2
(c) 2 and 3
(d) 3 only
Ans. (d)

46. Consider the following statements:
1. If an infant obtains property or goods by misrepresenting his age, he can be compelled to restore it even though the infant has sold the goods or converted them.
2. There is no estoppel against minor.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only.
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)

47. Which one of the following is correct as per Section 31 of the Indian Contract Act 1872?
A contingent contract is a
(a) contract to do something only if some event, collateral to such contract, does not happen
(b) contract to do or not to do something, if some event, collateral to such contract happens
(c) contract to do or not to do something, if some event, collateral to such contract, does not happen
(d) contract not to do something. If some event, collateral to such contract happens
Ans. (c)

48. Consider the following statements:
1. A written and registered agreement based on natural love and affection between near relatives is enforceable without consideration.
2. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

49. Consider the following statements:
1. A shopkeeper’s catalogue of price is not an offer.
2. An auctioneer’s announcement that specified goods will be sold by auction on a certain day is not an offer to hold the auction.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)

50. Which one of the following is explicitly stated in Section 2(b) of the Indian Contract Act 1872?
(a) A proposal, when accepted becomes a promise
(b) A proposal, when accepted become a contract
(c) A proposal, when accepted becomes an agreement
(d) A proposal, when accepted becomes assurance
Ans. (a)

51. By threat of suicide. A induced his wife and son to execute a contract.
What is it according to the Indian Contract Act?
(a) An unlawful contract
(b) voidable contract
(c) A void contract
(d) It is not a contract at all
Ans. (a)

52. Directions: The given item consists of two statements, one labelled as the ‘Assertion (A)’ and the other as ‘Reason (R)’. You are to examine these two statements carefully and select the answer to these items using the codes given below:
Codes:
(a) Both A and R are individually true and R is the correct explanation of A.
(b) Both A and R are individually true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Assertion (A): A void contract is not necessarily illegal.
Reason (R): Every illegal contract is void.
Ans (b)

53. Supreme Court of India stuck down Section 303 of I.P.C. as unconstitutional in which one of the following cases
(a) Machhi Singh vs State of Punjab
(b) Bachan Singh vs State of Punjab
(a) Santa Singh vs State of Punjab
(d) Mithu vs State of Punjab
Ans. (d)

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CURRENT AFFAIRS PREPARATION PLAN

“Current Affairs” and “General Knowledge” cover many topics like from economy to sports or education to politics, or even technology to automobiles. In every second some issues are happening around the world in these sectors, and to accumulate the excerpt of some highlighted news, and memorize it is a good plan to prepare current affairs and GK.

Some Important Tips to Follow:

Read Newspapers regularly

We all know that “Old is Gold”, same thing applies here too. We need to make a habit of reading newspapers regularly. I’ll suggest you to read more than one newspaper. It will be better if you read one newspaper of your mother language, and other of English. Some useful newspapers are “The Times of India”, “The Hindu”, “The Telegraph” etc. You need to start this habit at least 6 months before the actual exam that will help you to get access to all the important events of that period of time.

You need to keep an eye on what’s happening around you in your country and world as well. Trust me guys, you will surely find it interesting after several days. We all know that staying updated is always a good idea, as it will stand you apart from the rest.

Read Magazines thoroughly

This is another great option to prepare the subject we are talking about. There are many leading magazines that focus on current affairs and General Knowledge. You need to buy it from your local magazine seller, and start reading it thoroughly. These magazines beautifully categorize the articles with its genres to make it interesting to read on. Some of the useful magazines are Pratiyogita Darpan andManorma.

Try to read some business magazines and sports magazines too along with a general magazine. This will increase your chances of cracking the competitive exams with ease. Some useful business magazines areBusiness Today, Business Line etc.

Follow News Channels

You will need to follow news channels at least once a day. Now most of the leading news channels are active for 24*7. You need to pick up a suitable time for yourself to watch any favorite news channel of yours. You can watch ABP News, NDTV, Times Now, ET Now, Zee News etc. Try to go through all the breaking and highlighted news, and make it a habit.

I know that watching news channels for long will bore you, so I’ll suggest you to allocate only 30 minutes for it in a whole day. All the leading ones shows the glimpses of all important events of the day quite frequently, so 30 minutes will be enough for you to boost up your current affairs and GK knowledge.

Maintain a Diary

My teacher used to tell me that whenever you learn something try to write it down in your diary, as it will help you to memorize it in a better manner. He is so right, as this method helped me a lot to score good marks in every exam that I appeared for. As I already mentioned before that a lot of events are occurring in the country and around the world, so it is easily understandable that it is not easy to remember everything. It’s always a superb idea to maintain a diary of current events.

You need to update this diary on a daily basis with all the events that you consider as important ones. This diary will become quite useful for the revision part, as it will provide you information about all the important events at a place. You should keep revising the diary frequently, as it will help you to memorize important names, dates, awards etc.

Channelize your Preparation Accordingly

All the competitive exams are not same, as all of them have different pattern, even when it comes to the same topic as ‘Current Affairs’ or ‘GK’. For example for civil services exam, you need to give importance on events of National value. On the other scenario, in matter of bank job exam, the focus should be on the news on banking sectors, and economic and business news.

Thus I’ll suggest you to prepare as per the exams you are appearing for, as channelizing your preparation according to the pattern of the exam will accelerate your chance of getting selected.

Use Internet Resources

Google, YouTube and Wikipedia are my favorite teachers’; one of my friends told me this once. This is quite true indeed, so you should use all the available online resources to study current affairs and GK for exams. For example this blog is all about “Current Affairs”, so you can check this blog regularly by subscribing to us (check the sidebar for subscription options). You can actively take part some forums that are focusing on current events. The good part is you can follow the websites of all leadingnewspapers online if you don’t have enough time to read newspapers.

Use Social Networking Sites for Good

Believe me or not you can surely use social networking sites to your benefits. Especially to prepare current affairs and General knowledge Facebook, Twitter, LinkedIn and StumbleUpon may help you a lot. You can join some Facebook pages, or follow some twitter accounts that are related to current affairs. You can join our Facebook Page too for this matter, or connect with me at LinkedIn or circle me in Google Plus for all the information on recent happenings to boost up your General Knowledgeability.

Give Priority to your Strength

We usually find difficulties when we try to learn everything at once. In that process basically we study a lot, but remember a little. We need to first select our strength areas for our preparation. Try to givepriority to your strength areas. It may be Sports, economy, Government Affairs or technology. Suppose you are applying for Bank exams, then you should prepare industry related news. Along with that you may pick any 2-3 areas of your strength like sports or technology. You need to prepare these sections to the utmost level. I can assure you that these strategies will help you to score much better in Current Affairs section.

Participate in Online Quizzes

You should participate in some free quizzes that are available online to evaluate yourself. For this matter you can easily access our “Quiz Section”. This will give you proper idea whether you are ready for the big exam day or not. As an added factor it will also provide you confidence i.e. very much essential. You can download Monthly-wise current affairs questions from Here.