Odisha Judiciary Prelims Examination 2022 Solved Paper | Odisha Judiciary Prelims Solved Papers PDF

(a) (b) (c) (d)

(A) (iii) (iv) (i) (ii)

(B) (i) (ii) (iii) (iv)

(C) (iv) (ii) (i) (iii)

(D) (iii) (ii) (i) (iv)

51. When did the Domestic Violence Act 2005, come into force?

(A) 1 April, 2005

(B) 11 March, 2006

(C) 21 May, 2005

(D) 26 October, 2006

52. A notice of date of hearing fixed under Section 12 of the Domestic Violence Act, 2005 shall be given by the magistrate to the:

(A) Respondent

(B) Protection Officer

(C) Service Provider

(D) In charge of Police Station

53. ‘Child’ under the Protection of Women from the Domestic Violence Act, 2005 includes:

(A) Adopted Child

(B) Step Child

(C) Foster Child

(D) All of these

54. Breach of Protection Order under Section 31 and 32 of the Domestic Violence Act, 2005 shall be an offence which is :

(A) Cognizable and bailable

(B) Cognizable and non-bailable

(C) Non-cognizable and bailable

(D) Non-cognizable and non-bailable

55. Protection of Women from Domestic Violence Act, 2005 derives its support from _________ of the Constitution of India.

(A) Article 14

(B) Articles 14, 15 and 21

(C) Articles 15 and 21

(D) Articles 14 and 21

56. Section 6 of the Limitation Act, 1963 does not apply in case of :

(A) Suits

(B) Execution of a decree

(C) Appeal

(D) Suits and execution of a decree

57. Section 5 of the Limitation Act, 1963 applies for condonation of delay. To apply this provision

(A) Length of the delay is the only criterion

(B) Length of the delay does not matter, acceptability of the explanation is the only criterion

(C) Length of the delay certainly matters apart from the acceptability of the explanation

(D) Both (A) and (B)

58. For term Loan, the period of limitation is three years from :

(A) Date of payment

(B) Date of default

(C) Due date of payment of each instalment

(D) Date of default in payment in each instalment

59. The fraud is contemplated by Section 17 of the Limitation Act, 1963 is that of :

(A) The plaintiff

(B) The defendant

(C) Stranger to the contract

(D) Either (A), (B) or (C)

60. Under the law of limitation, suits can be filed within three years in cases relating to :

(A) Accounts

(B) Contracts

(C) Declarations

(D) All of these

61. Section 11 of the Limitation Act, 1908 deals with suits :

(A) On foreign contracts

(B) On local contracts

(C) Banking contracts

(D) None of these

62. Second Appeal to Central Public Information Officer before Central Information Commission can be filed within:

(A) 90 days

(B) 30 days

(C) 45 days

(D) 60 days

63. Time limit for filing application to become legal representative due to death of defendant or respondent is:

(A) 30 days

(B) 90 days

(C) 45 days

(D) 60 days

64. Temporary injunction may be granted

(A) To restrain any election

(B) To restrain dispossession from property

(C) To restrain any intended disciplinary action against public &enfant

(D) To restrain the result of any adverse entry against the public servant

65. Which of the following can be transferred under the Provision of the Transfer of Property Act, 1882?

(A) The right to mesne profit

(B) A decree for mesne profit

(C) A transfer of property to a prostitute for future co-habitation

(D) A sub-lease of a farm for the retail sale of opium

66. Which of the following can be considered implied surrender of the lease?

(A) Non-acceptance of a new tease taking effect during the continuance of the existing lease

(B) Abandonment of possession by the lessee

(C) A surrender by one of the two joint lessees’s implied surrender on the part second lessee

(D) None of these

67. Under the Provisions of the TP Ad, 1882, the seller is duty bound to disclose :

(A) Patent defects in the property

(B) Latent defects in the property

(C) Both (A) and (B)

(D) Neither (A) nor (B)

68. Under the Provisions of the TP Act, 1882, the benefits of a contract can be assigned as an actionable claim and transferred unless:

(A) The contract is one which had been induced by personal qualifications or considerations as to the parties to it

(B) The benefit is coupled with an obligation which the assignor is bound to discharge

(C) Either (A) or (B)

(D) Neither (A) nor (B)

69. Under the Transfer of Property Act, 1882 vested interest is:

(A) Defeated by the death of the transferor

(B) Defeated by the death of the transferee

(C) Either or both (A) and (B)

(D) Neither (A) nor (B)

70. What is the default interest payable under Section 63 and 63A of the Transfer of Property Act, 1882?

(A) 8% per annum

(0) 9% per annum

(C) 10% per annum

(D) Interest rate is not mentioned in the Section

71. Where the mortgage is illegal for want of registration but the mortgage continues in possession of the mortgaged property, a valid mortgage comes in existence after the expiry of :

(A) A possessory mortgage without a conditional sale.

(B) A possessory mortgage with a right to cause the mortgaged property to sale in the event of default in payment

(C) Both (A) and (B)

(D) Neither (A) nor (B)

73. Which of the following instruments have been excluded by the application of Section 137 of the Transfer of Property Act, 1882?

(A) Share

(B) Bill of Exchange

(C) Both (A) and (B)

(D) Neither (A) nor (B)

74. In which of the following cases, the Doctrine of Supervening Impossibility will apply?

(A) Difficulty in performance

(B) Commercial Impossibility

(C) Impossibility known to the parties at the time of making of the contract

(D) Strikes, Lock-outs and civil disturbances

75. Under which of the following conditions can a proposal be revoked according to the Indian Contract Act, 1872?

(i) By the communication of notice of revocation by the proposer to the other party.

(ii) By the failure of the acceptor to fulfill a condition of proposal.

(iii) By the death or insanity of the proposer

(iv) By notice of revocation after the acceptance is communicated.

(A) (i), (ii) and (iv) only

(B) (ii), (iii), (iv) and (v) only

(C) (i), (ii), (iii) and (iv) only

(D) All (i), (ii), (iii), (iv) and (v)

76. In the Contract of Agency, Implied agency may arise by

(i) Agency by Estoppel

(ii) Agency of Necessity

(iii) Agency by Ratification

(iv) Agency by Holding out

(A) Both (i) and (ii)

(B) (i), (ii) and (iii)

(C) Both (ii) and (iv)

(D) Both (i) and (iii)

77. Which one of the following is a void contract?

(A) Unilateral contact

(B) A contract which ceases to be enforceable by taw

(C) Implied contract

(D) Express contract

78. Which one is the correct sequence implied in the Indian Contract Act, 1872?

(i) Offer of Proposal

(ii) Contract

(iii) Promise

(iv) Agreement

(v) Acceptance

Choose the correct answer from the options given below :

(A) (iii), (v), (i), (iv), (ii)

(B) (iv), (ii), (iii), (i), (v)

(C) (ii), (iv), (iii), (v), (i)

(D) (i), (v), (iii), (iv), (ii)

79. Statement (I) Agreement without consideration is always valid.

Statement (II) All contracts are agreements but all valid agreements are not contracts.

In the context of the above two statements, which one of the following codes is correct?

(A) Statement (I) and (II) both are correct

(B) Both Statements (I) and (II) are incorrect

(C) Statement (I) is incorrect and Statement (II) is correct

(D) Statement(I) is correct and Statement (II) is incorrect

80. Given below are two statements:

Statement I: Display of goods by a shopkeeper with prices marked on them, is not an offer but an invitation to the public to make an offer to buy the goods.

Statement II: Price quotations, catalogues and advertisements in newspaper for sale of an article do constitute a valid offer.

In the light of the above two statements, choose the most appropriate answer from the options given below:

(A) Both Statements (I) and (II) are correct

(B) Both Statements (I) and (II) are incorrect

(C) Statement (I) is correct but Statement (II) is incorrect

(D) Statement (I) is incorrect but Statement (II) is correct

81. What is consent under the Indian Contract Act, 1872?

(A) When acceptance of proposal is made by the party to whom the proposal is made.

(B) When the acceptance is made the person to whom the invitation to the public to make a proposal is made

(C) When they agree upon the same thing in the same sense

(D) When both the parties agree upon a thing in the way it is understood by them

82. The Indian Contract Act, 1872 extends to :

(A) The State of Jammu and Kashmir

(B) The Union Territories of India

(C) The Whole of India except the State of Jammu and Kashmir

(D) The Whole of India

83. When did Hindu Succession Act come into force?

(A) 17 June, 1956

(B) 1 March, 1957

(C) 1 May, 1956

(D) 23 April, 1957

84. Which Section of the Hindu Succession Act, 1956 deals with the Order of Succession among heirs in the Schedule?

(A) Section 12 of Hindu Succession Act, 1956

(B) Section 9 of Hindu Succession Act, 1956

(C) Section 14 of Hindu Succession Act, 1956

(D) Section 20 of Hindu Succession Act, 1956

85. Section 19 of the Hindu Succession Act, 1956 provides:

(A) Mode of a succession of two or more heirs

(B) Converts descendants disqualified

(C) Order of succession among heirs in the Schedule

(D) Computation of degrees

86. Section 12 of Hindu Succession Act, 1956 deals with:

(A) Order of succession among agnates and cognates

(B) Devolution of interest in coparcenary property

(C) Full blood preferred to half-blood

(D) Overriding effect of Act

87. Section 25 of the Hindu Succession Act, 1956 deals with:

(A) Right of a Child in the womb

(B) Murderer disqualified

(C) Disease, defect, etc., not to disqualify

(D) Testamentary Succession

88. Will means deposition of property which takes effect :

(A) After the birth of testator

(B) After the death of testator

(C) During the life of testator

(D) None of these

89. A will is liable to be revoked or altered by the

(A) Maker of it

(B) Legatee of it

(C) Executor of it

(D) None of these

90. Who can apply for revocation of succession certificate?

(A) Interested person

(B) Uninterested person

(C) Minor

(D) None of these

91. Appeal shall lie in _____ against the order of District Judge under Indian Succession Act, 1925.

(A) Supreme Court

(B) High Court

(C) Both (A) and (B)

(D) None of these

92. The Specific Relief Act, 1963 extends to:

(A) The whole of India except the State of Jammu and Kashmir

(B) The whole of India

(C) Only to capital cities of the States

(D) The whole of India except the Union Territories

93. Specific Relief can be granted only for the purpose of:

(A) Enforcing individual civil rights and not for mere purpose of enforcing a penal law.

(B) Enforcing individual fundamental rights.

(C) Enforcing individual criminal rights only.

(D) Enforcing individual civil rights as well as criminal rights

94. When an injunction cannot be granted?

(A) To restrain any person from instituting or prosecuting any proceeding in a criminal matter

(B) To prevent the breach of a contract the performance of which would not be specificalIy enforced

(C) To restrain any person from applying to any legislative body

(D) All the options are correct

95. How the preventive relief is granted under the Specific Relief Act, 1963 by the Court?

(A) At the discretion of the Court by perpetual

(B) At the discretion of the Court by injunction temporary

(C) Both (A) and (B) are correct

(D) None of these

96. The specific performance of a contract shall be enforced by the Court:

(A) Subject to the provisions of the Indian Contact Act, 1 872

(B) Subject to the provisions of the IX B Code, 2016

(C) Subject to the provisions contained in Section 11(2), Section 14 and Section 16 of the Specific Relief Act, 1963

(D) None of these

97. Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the Court in which case (s):

(A) Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff

(B) Where the contract is voidable or terminable by the plaintiff

(C) Both (A) and (B) are correct

(D) None of these

98. ____ Injunctions are such as are to continue until a specific time or, until the further order of the Court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.

(A) Perpetual

(B) Temporary

(C) Both (A) and (B) are correct

(D) None of these

99. Whether any appeal is allowed against the order or decree passed in any suit instituted under Section 6 of the Specific Relief Act, 1963?

(A) Yes, appeal can be allowed

(B) No, appeal shall lie from any order or decree passed in suit instituted under this Section, nor shall any review of any such order or decree be allowed

(C) Appeal can be allowed, if permitted by the Court, who has given the order or decree

(D) None of these

100. A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced

(A) It may be declared as unenforceable

(B) It may be rescinded and delivered up to the cancelled; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly

(C) It may be declared as void

(D) None of these

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