Bihar Judicial Services Exam PCS J 2018

Note : This is not the complete question paper. This post contains only the question headers for reference. The complete papers, with the official answer keys are available for our registered users of LawMint.com practice packs.

# A takes a loan of Rs. 5,000 from B and mortgages his house as security. In the mortgage deed, it was also mentioned that if he could not pay the amount within 5 years, then B will have right to sell the house and recover his amount. If the money could not be recovered from sale of house, then A will be personally liable. It is

# ‘Administrative law is a study of pathology of power in a developing society. Account-ability of the holders of public power for the ruled is the focal point of this formulation.’ Who among the following jurists has given this definition?

# A person who knowingly and without sufficient justification induces another to break a contract with third person, whereby the third person suffers damage, is a tort. For the first time, it was established in which of the following cases?

# Clause (K) to Article 51A was added by

# In which of the following cases, free and fair election is recognized as basic structure of the Indian Constitution ?

# Which one of the following cases is not related to the doctrine of severability ?

# The Parliament has power to legislate with respect to a matter in the State List, provided it is in the

# ‘Courts are flooded with large number of PILs, so it is desirable for Courts to filter out frivolous petitions and dismiss them with costs. ‘In which of the following judgments, it was held ?

# Who among the following expressed the view that the Indian Constitution is federal as much as it establishes what may be called a dual polity ?

# The law declared by the Supreme Court becomes law of the land under

# The power of the President of India to issue an ordinance is a/an

# In first instance, the President can issue a proclamation of financial emergency for a period of

# In which of the following landmark judgements, right to privacy has been declared as a fundamental right ?

# In which of the following judgements of the Supreme Court, Triple Talaq was declared unconstitutional ?

# Which of the following does not find the place in the Preamble of the Constitution of India ?

# Prof. K. C. Wheare said that the Constitution of India is

# In which case, the dissolution of Bihar Legislative Assembly by the Governor before formation of government was declared unconstitutional ?

# A member of the State Public Service Commission can be removed on the ground of misbehaviour only after an inquiry has been held by

# ‘Carry forward rule is ultra vires’ was held in the case

# Which one of the following is not correct ?

# Right to freedom of religion cannot be restricted on the ground of

# Legal maxim ‘autrefois’ is related to

# ‘The principle of sovereign immunity will not apply to a proceeding for award of compensation for violation of fundamental rights.’ In which case, the Supreme Court of India held the above view?

# According to A. V. Dicey in India the ‘rule of law’ is embodied in

# In which case, Chief Justice Ray said that ‘the Constitution is the rule of law and that no one can rise above the rule of law in the Constitution ‘?

# Which of the following cases is not related with rule of law ?

# Which doctrine of administrative law is a ‘dilutory’ doctrine because of many exceptions ?

# There are bulk of laws which govern pepole and which come not from the legislature but from the chambers of administrators. This is called delegated legislation and it is different from

# Delegated legislation must be controlled so that it can be properly exercised. What is the control of delegated legislation ?

# The test for determining bias is known as

# ‘Rule of law’ means

# Natural justice is universal fact of secular life which has given a new life to legisalature administration and judicial adjudication and provided way to objective life. These rules are part of social justice.’ This statement was given by

# Which of the following doctrines was/were developed by the Court to control the administrative actions in India?

# A writ of mandamus will not lie against the

# Article 310 of the Indian Constitution embodies the

# What is the effect if violation of the rule ‘audi alteram parterm’ on an administrative action?

# In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings also?

# When reviewing administrative action, the Court’s duty is to confine itself to the question of legality. What is/are the ground(s) for judicial review?

# Writ of prohibition cannot be issued against

# Writ of quo warranto can be filed by

# The idea of Ombudsman was first suggested by who among the following?

# The action of Administrative Tribunal is considered as

# Mitakshara is a commentary on

# By the Hindu Succession (Amendment) Act, 2005

# Marriage of a Hindu coparcener with a Hindu girl or with any other under the Special Marriage Act, 1954

# Pregnancy of a girl at the time of her marriage under the Hindu Marriage Act, 1955

# Sapinda relationship under the Hindu Law towards the father’s and mother’s side extends up to

# A decree of judicial separartion passed by a competent Court between the parties to a marriage

# Under the Hindu Succession Act, 1956 daughter’s son and father of a male Hindu are legal heirs and they are placed as the following

# Marriage of a Hindu male or female under the Hindu Marriage Act, 1955 with a person of unsound mind or one suffering from mental disorder is

# A child to be adopted under the Hindu Adoptions and Maintenanace Act, 1956

# Under the Hindu Marriage Act, 1955, a marriage is treated as void, if it

# A marriage prohibited under the Mohammedan Law by reason of difference of religion, if done, is

# According to Section 4 of the Dissolution of Muslim Marriage Act, 1939, apostasy from Islam of a Muslim wife

# Which one of the following is not essential for a valid gift or Hiba under the Mohammedan Law?

# Which one of the following is the leading case under the Mohammedan Law on widow’s right to retain possession of her hhusband’s property?

# Who under the Mohammedan Law can claim right of preemption?

# In favour of who among the following a bequest by a Muslim is valid?

# In case of a Wakf, the Wakf property vests in the

# By the third pronouncement (Utterance) of ‘Talaq’, which kind of Talaq’ becomes effective ?

# In Sunni Law of Inheritance, the total number of sharers is

# who is a primary heir under Sunni Law ?

# Which of the following is not actionable claim?

# The general principle of law is that ‘no man can transfer a better title in property that what he himself has got’. Exception to this rule is found in section(s)

# No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer. This provision is covered under the

# The principle of ‘lis pendens’ pertains to

# Mortage by conditional sale is

# The vested interest in property depends on the happening of an event which is

# A transfers his property to B for life and after his death to C and D equally to be divided between them or to the survivor of them. C dies during lifetime of B. D survives B. At B’s death, the property

# There are some characteristics of unsufructuary mortgage under Section 58 of the Transfer of Property Act : (1) There is no personal liability on the mortgager. (2) No time limit is fixed (3) Mortgagee takes the whole or part of the rent and profits.

# Such condition shall be void which is dependent on more than one possibility.’ This principle was recognized later in

# Statutory recognition of the principles of equity in the Specific Relief Act is regarding

# ‘He who seeks equity must do equity’ is particularly incorporated in which of the following?

# Sections 48, 78 and 79 of the Transfer of Property Act provide the example of which of the following maxims ?

# ‘Where there is equal equity, the law shall prevail.’ Which of the doctrines of Indian Law is based on this maxim?

# Choose the correct option.

# Which of the following persons is not necessary for creation of trust ?

# Liability of trustee is provided under

# Liability for breach of trust has been provided in

# In case of specific performance of a contract, the rights of the parties are governed by the principle of

# The relief by the way of mandatory injunction is

# ‘Tortious liability arises from the breach of duty, primarily fixed by law.’ Who said the statement?

# Whether for a wrong both tortious and criminal liability may arise ?

# The pigeonhole theory was propounded by

# Mogul Steamship Co. vs. McGregor, Gow and Co. (1892) AC 25 belongs to which of the following maxims ?

# The maxim ‘scienti non fit injuria’ means

# ‘Right of action is extinguished by the death of one or other parties.’ The statement is

# In the Law of Torts, nominal damages are awarded

# Distress damage feasant’ means

# ‘An unlawful interference with person’s use or enjoyment of land or some right over or in connection with it’ is known as tort of

# In which case, fundamental test for determining duty to take care was laid down ?

# Which of the following is not an element in establishing a case in libel?

# If a person wants to bring an action under Law of Torts for the tort of public nuisance, he must have to prove that

# Prosecution’ under sort of ‘malicious prosecution’ means

# False imprisonment means

# A contract, which ceases to be enforceable by law, ceases to be enforceable. It is known as

# The legal principle, which was laid down in the case of Harvey vs. Facey, was firstly followed by the Supreme Court of India in which of the following cases?

# Which one of the following elements is not necessary for a contract ?

# In standard form contracts

# What would be the effect of mistake as to law enforce in India on a contract ? The contract will be

# A Guru (spiritul advisor) induced the Chela (his devotee) to gift him whole of his property to secure benefit of his soul in the heaven. This gift shall be

# Section 128 of the Indian Contract Act, 1872 is related with

# A continuing guarantee may be revoked for further transaction

# If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods in such a manner that it is impossible to seprate the goods and deliver them back, the bailor is entitled to be

# The bailment of goods as security for payment of a debt or performance of a promise is called

# Who may employ an agent?

# In which of the following conditions can an agent subdelegate his authority to another person ?

# Indemnity-holder, acting within the scope of his authority, is entitled to recover from the promisor

# the case of Moses vs. MacFerlan deals with which of the following ?

# When the parties to a contract agree to substitute the existing contract with a new contract, it is known as

# An unpaid seller can exercise the right of lien

# which of the following is not included in the definition of goods?

# Which of the following statements is not correct?

# A seller sells undergarments which cause skin disease to buyer. What is the liability of the seller?

# Which of the following is not an exception to the doctrine of ‘nemo dat quod non habet?

# Who among the following is a partner ?

# A partnership is partnership at will

# Which of the following is not essential ingredient of holding out u/s 28 of the Partnership Act ?

# Which of the following is not correct about a minor ?

# Which of the following is not a condition precedent for filing a suit u/s 69 of the Partnership Act?

# When a Negotiable Instrument is dishonoured, the liable party pays compensation to

# Which of the following is not an example of Negotiable Instrument ?

# A draws a cheque in favour of B, a minor. B endorses it in favour of C and C endorses in favour of D. The cheque is dishonoured. Which of the following is not correct about liabilities of the parties?

# which of the following is not correct with regard to presentment for acceptance?

# Which of the following statements is correct in relation to bouncing of a cheque?

# An application for prevention of oppression and mismanagement in a company should be made to the

# For dissolution of a company, the Tribunal shall pass order

# Which of the following statements is not correct?

# A Director appointed to fill up casual vacancy will hold office

# The Indian Evidence Act, 1872 has been divided into…..parts and…..chapters.

# A prosecutes B for adultery with C, A’s wife. B denies that C is A’s wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. The judgement againt B is

# Law of evidence is

# Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under Section 90A of the Indian Evidence Act, if the electronic record produced is

# Necessity rule’ as to the admissibility of evidence is contained in

# Section 105 of the Indian Evidence Act applies to

# Which one of the following is not correctly matched?

# Classification of offences is given in CrPC under

# It is mandatory to produce the person arrested before the Magistrate within 24 hours of his arrest under

# Under Section 167 of CrPC, the Magistrate can authorize detention for a total period of 90 days during investigation in case of offences punishable

# The term ‘victim’ is defined under

# Every person aware of the commission of an offence punishable under following Section is bound to give information thereof to the nearest Magistrate or Police Officer

# A decision in a suit may operate as ‘res judicata’ against persons not expressly named as parties to the suit by virtue of Explanation

# The Court may impose a fine for default upon a person required to give evidence or to produce documents directed under Section 30(b) of CPC, and such fine as per Section 32( C) is not to exceed

# Appointment of receiver has been dealt with

# The provision for substituted service of summons on the defendant(s) has been made under

# In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 86 of CPC has been granted

# The arbitrator in case of international commercial arbitration is appointed by

# The Arbitration and Conciliation (Amendment) Act, 2015 came into force on

# The decree or orders made by small cause Courts are revisable by the