1 July 2013

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LEGAL ASSISTANT SOLVED PAPER

SOLVED PAPER :LEGAL ASSISTANT,WATER AUTHORITY
EXAM:19-02-13

1.Sedition in section 124 A of IPC is an offence:
A.Against person
B.Against child
C.Against state
D.None of the above
Ans:C

2.A intentionally causes Z’s death partly by illegally omitting to give Z food and partly by beatring Z .The offence committed by A is:
A.Culpable homicide not amounting to murder
B.Culpable homicide
C.Murder
D.None of the above
Ans:C

3.The famous case Queen.V.Flattery related with the offence of:
A.Rape
B.Abduction
C.Kidnapping
D.Murder
Ans:A


4.A hires a carriage of B.The carriage is unsafe though B is not aware of it and is injured.Whether B is responsible:
A.B is responsible to A
B.B is not  responsible to A
C.Both of them are responsible
D.None of the above
Ans:A

5.Defamation is a wrong affecting the:
A.Reputation
B.Body
C.Wealth
D.Possession
Ans:A

6.People’s union for civil liberties V.Union of India is popularly known as:
A.Pavement dweller’s case
B.Phone tapping case
C.Capitation fee case
D.Fundamental right case
Ans:B

7.In which of the following case the Supreme Court has held that right to education is a fundamental right?
A.Rajendra.V.State of Tamil Nadu
B.Our Prakash.V.State of U.P
C.Chakresh Kumar.V.State of U.P
D.Mohini Jain.V.State of Karnataka
Ans:D

8.Art.44 of the Indian Constitution requires the state to secure for the citizen a:
A.Right to employment
B.Right to vote
C.Uniform civil code
D.None of the above
Ans:C

9.Right to clean environment is a:
A.Legal right
B.Moral right
C.Human right
D.Not a right
Ans:C

10.Which Article has proposed right to religion?
A.Art.25
B.Art .29
C.Art.30
D.Art.33
Ans:A

11.Attorney General for India appointed by:
A.The Prime Minister
B.The Judge of the Supreme Court
C.The President
D.The Council of Ministers
Ans:C

12.Which one of the following is an asset as per Sec.2(ca)of Wealth Tax Act?
A.Any residential property forming part of stock in trade
B.Any residential house that has been let out for a maximum period of 180 days during the previous year.
C.Commercial Complex
D.House occupied for the purpose of assessee’s business
Ans:B

13.Which of the following does not  form part of Actus Reus?
A.Conduct
B.Circumstances as are specified by law
C.Result of conduct
D.Thought of conduct
Ans:D

14.Acquiial is:
A.Adoption of a child
B.The act of setting some one free from a charge of an offenceafter trial
C.Award of sentence
D.Release from policy custody
Ans:B

15.Which of the following is not correct?
A.The advice given by the Supreme Court is not binding on the President
B.The judgement given by the Supreme Court is binding on all Courts.
C.Supreme Court is a Court of record.
D.The advice given by the Supreme Court is binding on the President
Ans:D

16.Write of  Quo-warranto means:
A.Writ from a Superior Court to commanding some officer or particular authority to do a specific act.
B.It is an order from a higher court to stop proceedings in a certain case.
C.To produce the body  before the court
D.A holder of an office is called upon to show the court under what authority he holds the office.
Ans:D

17.Lock out is:
A.Closing down of an industry
B.Strike by employees of an industry.
C.Compulsory retirement of employees.
D.None of these
Ans:B

18.Vicarious liability arises out of the relationship:
A.Master and Servant
B.Between neighbours
C.Between fellow servants
D.Between contracting parents
Ans:A

19.In valuation of immovable property in  Bangalore ,the specified area  means of the aggregate area,for wealth tax purpose:
A.60%
B.65%
C.70%
D.75%
Ans:B

20.A clog on redemption is a :
A.Stipulation affecting the right of the mortagee.
B.Stipulation affecting the right of the mortgagor
C.Stipulation affecting the right of the bonafide purchaser
D.None of these
Ans:B

21.Income accruing in London and received there is taxable in India in the case of:
A.Resident and ordinarily resident only.
B.Both resident and ordinarily resident and resided but not ordinarily resident.
C.Both resident  and non resident
D.Non resident
Ans:A

22.In order to constitute the offence of abetment:
A.Mere intention to render assistance is enough.
B.Mere intention to render assistance is not enough,some active conduct on the part of the abettor is needed.
C.Actual presence is inevitable.
D.None of these.
Ans:B

23.In the case of a contract the information received from an unauthorized person is ineffective was formed in:
A.Lind .V.Powell
B.Powell .V.Lee
C.Baker.V.Bolton
D.Madras Railway Co.V.Govinda Rao
Ans:B

24.The Doctrine which was popular  by the French Jurist ,Motesquieu is:
A.Doctrine of Eclipse
B.Doctrine of Severability
C.Doctrine of Waiver
D.Doctrine of Separation of power.
Ans:D

25.A’will’ operates on the :
A.Life time of the testator
B.The next day after making a will
C.Death of the testator
D.None of above.
Ans:C

26.Which one of the following is related with sienter rule?
A.Liability for animals
B.Liability for chattels
C.Liability for dangerous premises
D.Liability for misstatements
Ans:A

27.A judgement debtor is a person:
A.Against whom  the decree is passed
B.Against whom the arrest warrant is issued
C.In his favour a degree is passed
D.Who is a debtor
Ans:A

28.The landmark case which put forward the guide lines of arrest:
A.Mithu.V.State
B.A.K.Gopalan V.State of Madras
C.D.K.Basu V.State of West Bengal
D.Vaisakha V.State
Ans:C

29.Right to know is a:
A.Fundamental right
B.Not fundamental right
C.Legal right
D.None of the above
Ans:A

30.Pecuniary jurisdiction of a Sub court is:
A.Upto one lakhs
B.Upto five lakhs
C.Upto ten lakhs
D.Unlimited
Ans:D

31.Which of the following is correct?
A.High Courts and Supreme Court can Suomoto initiate contempt proceedings.
B.Only Supreme Court can initiate contempt proceedings
C.Only High Courts can initiate contempt proceedings
D.Every Court irrespectively of status can initiate contempt proceedings.
Ans:A

32.Sec.303 IPC prescribed death sentence mandatory to a convict who commits murder while undergoing the sentence of life imprisonment.This section has been structk down by the Supreme Court-in:
A.Renjith Singh V.Union of India
B.Mithu V.State of Punjab.
C.Huleriam Pardhan V.State
D.V.K.Saxena V.State of U.P.
Ans:B

33.’A’made certain statements to’B’ which was true when it was made ,but subsequently became false by change of circumstances.’A’didn’t disclose the changed fact:
A.It would amount to fraud.
2.It would amount to misrepresentation
C.It would amount to coercion
D.It is not an offence
Ans:A

34.Remedy through Quantum meruit is not available to the:
A.Party who breaks the contract
B.Who suffers by the breach.
C.Who has performed  his part of obligation
D.All the above
Ans:A

35.Convenant runs with the land is also an exception to the rule of privity of contract.’This principle is applied in:
A.Tiwarika nath.V.Priyanath Malks
B.Kashi bhai V.Parvati bhai
C.Tulk.V.Moxhay
D.All the above
Ans:C

36.Common intention is a:
A.Question of fact
B.Question of law
C.Question of both law and fact
D.None of the above
Ans:A

37.A man cannot be a convict for the same offence more than once is
A.Sub-judice
B.Res-Judicata
C.Double jeopardy
D.None of the above
Ans:C

38.A cuts down a tree on Z’s ground with the intention of dishonestly taking it out of Z’s possession without his consent and takes it away:
A.It is a theft
B.It is an extortion
C.It is a dishonest misappropriation
D.It is a criminal trespass.
Ans:A

39.A decree passed in the absence of the defendant is:
A.Preliminary decree
B.Final Decree
C.Ex-parte decree
D.Garneshee order
Ans:C

40.’Socialist’concept in Indian Constitution derives from:
A.Courts
B.Preamble
C.Conventions
D.None of the above
Ans:B

41.The object of The Prevention of Corruption Act 1988 is to eradictate corruption among:
A.politicians
B.Judicial Officers only
C.Public Servants
D.NGO’s
Ans:C

42.After making an arrest the accused shall be produced before the Magistrate:
A.Within 48hrs
B.Within 12hrs
C.Within 10hrs
D.Within 24hrs
Ans:D

43.In the case of a non-bailable offence:
A.Ball is a matter of right
B.Ball is discretion of the court
C.No provision for anticipatory bail.
D.None of the above
Ans:B

44.Which of the following provision in CrPC speaks about the competency of an accused as a witness?
A.Sec.300 of CrPC
B.Sec.315 of CrPC
C.Sec.316 of CrPC
D.Sec.312 of CrPC
Ans:B

45.Mc Naughten’s Rule is associated with:
A.Offence by a minor
B.Insanity
C.Intoxication
D.Culpable homicide
Ans:D

46.Fundamental duties are incorporated in Indian Constitution by:
A.24th amendment
B.25th amendment
C.42nd amendment
D.44th amendment
Ans:C

47.Which of the following is not correct?
A.Art.32 itself is a fundamental right.
B.By virtue of Art.32 a person can directly approach to the Supreme Court
C.only fundamental rights can be enforced by Art.32
D.All legal rights can be enforced by Art.32
Ans:D

48.According to Backstone,Contract is:
A.Merely an agreement
B.Mere a meeting of individuals
C.Right in rem.
D.As merely one method of acquiring title to right in personam.
Ans:D

49.A Chief Judicial Magistrate can pass an order of sentence only up to:
A.5 years or/and fine
B.7 years or/and fine
C.10 years or/and fine
D.Any sentence authorised by law
Ans:B

50.Which of the following is correct?
A.Arrest by a private person is not justified by any situation.
B.Arrest by a private person is justified on special circumstances and is for public interest
C.Arrest by private person is justified on all situation
D.None of the above
Ans:B

51.A search warrant can be issued by a:
A.Superior police officer
B.Any polie personnel
C.Competent  magistrate or a vourt of law
D.None of the above
Ans:C

52.Which of the following is correct?
A.A tribunal and court has no difference
B.A court is created by a statute and a tribunal is not.
C.There is no procedural formalities in court
D.A court is a part of the traditional judicial system,while a tribunal is an agency created by a statute and vested with  judicial powers
Ans:D

53.Fundamental  rights are suspended on:
A.Declaration of emergency
B.Declaration of parliament election
C.Dissolution of Lok Sabha
D.Dissolution of Rajya Sabha
Ans:A

54.Under Sec.438 of CrPC the power to grant bail is vested with the :
A.Court of sessions only
B.High Courts only
C.Both Court of Sessions and High Courts
D.None of the above
Ans:C

55.A cheque is a:
A.Promissory note
B.Bill of exchange
C.Demand Draft
D.Transfer deed
Ans:B

56.’A’transfers the ownership of 10 acres of land to’B’ for a consideration of one rupee.The transaction is:
A.A gift
B.A mortgage
C.A lease
D.A sale
Ans:D

57.In a transfer of property the property transferred  as a security,the transaction is:
A.A mortgage
B.A lease
C.A sale
D.A gift
Ans:A

58.The Reserve Bank of India started functioning from:
A.1st July,1934
B.1st July,1935
C.1st April,1935
D.1st April,1934
Ans:C

59.Public servant in judicial proceedings corruptly making report,shall be punishable with a maximum  of:
A.One year
B.Three years
C.Five years
D.Seven years
Ans:D

60.The matter which was considered in Hussain V.State:
A.The liability of a bus driver in unmanned railway crossing met with an accident
B.Negligent driving by a government servant
C.Liability of parent for the act of child
D.None of the above
Ans:A

61.Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than:
A.5 years
B.7 Years
C.9 Years
D.14 Years
Ans:B

62.’A’ on grave and sudden provocation fires a pistol,at Z iunder such circumstances that if he thereby caused death he would be guilty of:
A.Murder
B.Attempt to murder
C.Culpable homicide not amounting to murder
D.None of the above
Ans:C

63.Attempt to commit suicide is an offence under:
A.Sec.301 of IPC.
B.Sec.309 of IPC
C.Sec.306 of IPC
D.Sec.304 of IPC
Ans:B

64.Whoever causes bodily pain,disease or infirmity to any person is said to cause:
A.Assault
B.Battery
C.hurt
D.Grevious hurt
Ans:C

65.A causes Z to go within a walled space and locks Zin.Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall.The offence committed by’A’ is:
A.Wrongful confinement
B.Wrongful restraint
C.Preventive detention
D.Not an offence
Ans:D

66.The oftence mentioned under sec.366-A of the Indian penal code is:
A.Abduction
B.Kidnapping
C.Molestation
D.Procuration of minor girl
Ans:D

67.Thukanam V.State is popularly known as :
A.Mathura Case
B.Fundamental rights case
C.Habebas Corpus case
D.None of the above
Ans:A

68.Dacoity is an offence committed by a minimum of:
A.2 persons
B.3 persons
C.4 persons
D.5 persons
Ans:D

69.Jadunath Singh V.State of U.P.is related with:
A.Dying declaration
B.Circumstancial evidence
C.Hearsay evidence
D.Identification parade
Ans:D

70.Confession caused by inducement,threat or promise is:
A.Irrelevant
B.Relevant
C.Relevant on special circum stances
D.None of the above
Ans:A

71.Which of the following is correct?
A.Dying declaration should be in a question and answer form.
B.Both in question and answer form and narrative form
C.Only in narrative form
D.None of the above
Ans:B

72.A court of Admirality jurisdiction decides cases arising  out of :
A.Matrimonial claim
B.Maritime claim
C.Administrative claim
D.War-claim.
Ans:D

73.Amicus curiae is a :
A.Friend of the court
B.Client
C.Expert jury
D.Qulaified witness
Ans:A

74.Previous bad character of an accussed is :
A.Irrelevant
B.Relevant,when he has been given that he has a good character
C.Relevant only when the punishment is more than 2 years.
D.Relevant on murder cases.
Ans:B

75.All statements which the court permits or requires to be made before it by witness in relation to the matters of fact under inquiry are treated as:
A.documentary evidence
B.Oral evidence
C.Corroborative evidence
D.None of the above
Ans:B

76.Which of the following is not correct?
A.Consideration must be in a valid contract.
B.Contract for an illegal purpose is void
C.Competency of parties are relevant in contract
D.Unsound mind is immaterial for a valid contract
Ans:D

77.Which of the following is correct?
A.Transfer of Property  Act 1882 deals only with immovable property.
B.Transfer of Property Act 1882 covers all types of transfer
C.Lease is not included in the Transfer  of Property Act 1882.
D.Gift is not included in the Transfer of Property Act 1882
Ans:A

78.Henry VIIIth  clause is related with:
A.Fundamental rights
B.Directive principles
C.Delegated legislation
D.Judicial activism
Ans:C

79.szAccording to Art.222,the President can transfer a judge from one High Court to another?
A.After consultation with the Chief justice of India.
B.After consultation with Prime Minister of India
C.After consultation with the Attorney General of India
D.After consultation with Vice-President of India
Ans:A

80.Cognizance of an offence under section 498 A of IPC can be taken:
A.On a complaint by the aggrieved
B.On a police report
C.On the complaint of father,mother,brother or sister of the aggrieved.
D.All the above
Ans:D

81.No.Person shall be eligible for the President unless:
A.He has completed 25 years of age
B.He has completed 30 years of age
C.He has completed 35 years of age
D.He has completed 40 years of age
Ans:C

82.Which of the following right is not available to non citizens?
A.Rights under Art.15
B.Rights under Art.226
C.Rights under Art.32
D.None of the above
Ans:A

83.Appointment of Comptroller and Auditor General of India is by:
A.Separate electoral college
B.President of India
C.Prime Minister of India
D.Chief Justice of India
Ans:B

84.Panchayati Raj System was introduced  by:
A.72nd amendment Act
B.73rd amendment Act
C.74th amendment Act
D.75th amendment Act
Ans:B

85.Appeal by special leave is under:
A.Art.132 of the Constitution
B.Art.134 of the Constitution
C.Art.136 of the Constitution
D.Art.138 of the Constitution
Ans:C

86.In B.R.Kapoor V.State of Tamil Nadu the Supreme Court has said that:
A.People are Supreme
B.Election Commission is Supreme.
C.The Constitution shall prevall over the ‘mandate’.
D.Paliament is Supreme.
Ans:C

87.The 42nd Amendment Act was on:
A.1972
B.1974.
C.1978
D.1976
Ans:D

88.Art.72 of the Constitution speaker about:
A.pardoning power of the President
B.Election to the post of President
C.Election to the post of Vice President
D.Rules regarding money Bill
Ans:A

89.Audi Alteram partem means:
A.Speedy trial
B.Opposite party
C.See in person
D.Hear the other side
Ans:D

90.Which of the following is an exception to Res indicate?
A.Habeas Corpus
B.Mandamus
C.Certiorari
D.Prohibition
Ans:A

91.The word banking is defined in:
A.The Banking Regulation Act,1949
B.The Banking Laws Amendment Act,1932
C.Reserve Bank of India Act,1984
D.Negotiable Instrument Act,1881
Ans:A

92.An instrument reads as Mr.X,I.O.U.rupees three thousand .It is signed by Y the instrument is:
A.Bill of exchange
B.Cheque
C.Promissory note
D.None of these
Ans:D

93.A cheque may be drawn for a maximum period of:
A.Six months
B.Twelve months
C.Three months
D.One month
Ans:C

94.An injunction order from a court of law prohibits the defendant from doing a particular act or compelled to do a positive act is a:
A.Temporary injunction
B.Mandatory injunction
C.Prohibition Injunction
D.Permanent Injunction
Ans:B

95.Section 80(1)of CPC is a:
A.Right of the plaintiff
B.Government privilege
C.Rule against bias
D.None of the above
Ans:B

96.Ombudsman is an independent and non-partisan officer of the Legislature and his function is to:
A.Advice the ministers
B.Advice the President
C.Supervise the administration
D.Conduct elections
Ans:C

97.Central Vigilance Commission has been established based on the :
A.Santanam Committee report
B.Mondal Commission report
C.Narendran Commission report(D)
Donoughmore Committee report
Ans:A

98.Which of the following is correct?
A.A Government company need not be registered
B.A Government company  is required to be registered under the Companies Act.
C.A Government company is not under the control of the Government and Companies Act.
D.None of the above
Ans:B

99.Which of the following Article is an act as a protection to civil servants?
A.Art 299
B.Art 301
C.Art 311
D.Art 314
Ans:C

100.When two or more persons agree to do an illegal act or an act by illegal means will amount to:
A.Criminal breach of trust
B.Intimidation
C.Inducement
D.Criminal conspiracy.
Ans:D





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