Maharashtra Judicial Service Exam MPSC JMFC CJJD 2016 Question Paper

Maharashtra MPSC JMFC CJJD Judge Magistrate Exam 2016 Previous Question Paper Test Series Mock Test Syllabus & Study Material
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These are questions from the Maharashtra MPSC Judicial Service JMFC / CJJD 2016 preliminary exam previous question paper.

The JMFC – Judicial Magistrate First Class / CJJD – Civil Judge Junior Division exam is conducted almost every year by the Maharashtra Public Service Commission; under the aegis of the Bombay High Court.

Refer to the other articles on LawMint.com for details about the syllabus, eligibility, domicile requirements, mock test series and other preparatory material for the JMFC or CJJD exams.

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 our online practice packs for the Judicial Services Exam preparation.


1. Which of the following is not a ground for eviction of a tenant ?

2. When a person does a thing with an intention of causing a wrongful gain to one person or a wrongful loss to another, he is said to have done that thing :

3. Which of the following is not a defamation ?

4. If the offence is punishable with fine only, the imprisonment in default of payment of fine shall be :

5. Which of the following is not a punishment recognised by law ?

6. How contract of sale of goods is to be made ?
(a) in writing
(b) by words of mouth
(c) partly in writing and partly by words of mouth
(d) by conduct of parties

7. The Magistrate to whom accused is forwarded after arrest may from time to time authorise his detention in police custody for a term :

8. In a suit against Central Government, the authority to be named as defendant shall be :

9. Sale of immovable property in execution would become absolute :

10. Person who lodged FIR is to be referred :

11. Suit on promissory note payable on demand is to be filed :

12. Is the foreign judgement of a competent court conclusive ?

13. Onerous gift means :

14. When are all the original documents to be produced by the parties to the suit ?

15. ‘A’ Citizen of India committed offence in Uganda and came back and is arrested in India. Under what law and where is he to be tried ?

16. Indian Penal Code was mainly drafted by :

17. Which of the following is not a fundamental right ?

18, Against whom suit for restoration of possession U/S of Specific Relief Act is not tenable ?

19. ‘A’ asks his son to bring a stick, saying to B, ” I will give you a good beating and set you right”. What offence, if any has ‘A’ committed ?

20. Res gestae means :

21. A person is presumed to be a legitimate son of a man though bom after dissolution of marriage with his mother, if he is :

22. Second appeal U/S 100 of Civil Procedure Code shall lie :

23. Against whom specific performance of contract can be enforced ?
(a) Parties to the contract,
(b) Any person claiming under the party to the contract.
(c) Transferee for value who has paid money in good faith having notice of the contract.
(d) When a company entered into contract, subsequently amalgamated with another company, new company which arises out of amalgamation.

24. What is the period within which application for setting aside abatement of suit is to be filed?

25. Which of the following is a ‘Court of record’ ?

26. Accused is charged under section 325 I.P.Code. All the facts except grievous hurt are proved. Whether he can be convicted of any offence ?
(a) Yes, for the offence punishable ll/S 323 I.P.Code
(b) Yes, for the offence punishable U/S 335 I.P.Code
(c) No, he cannot be convicted of any offence

27. What sort of acts of husband or his relatives amount to cruelty ?

28. What facts should be stated in the affidavit of examination in chief of plaintiff or defendant or their witnesses ?

29. In case a complaint is made by a public servant in writing, in discharge of his official duties :

30. India is a :

31. Which of the following is or are the correct prepositions ?
(a) All agreements are contract.
(b) An agreement which is enforceable by law is a contract.
(c) An agreement which is enforceable by law at the option of one party is a voidable contract.

32, Magistrate may order U/S 125 of Cri Pro. Code, the non-applicant to pay to an applicant for maintenance at such monthly rate :

34. Right of the accused to keep silence is :

35. Transfer of immovable property is said to be fraudulant :

36. Complaint means :

37. First Information Report can be used during trial :

38. Suit relating to immovable property is to be filed in a court within whose jurisdiction :

39, Which of the following can be transferred ?

40. A person is entitled to protection of his possession of immovable property he got in part performance of a contract, provided :
(a) Contract is in writing, signed by the transferor
(b) Contract is for consideration
(c) Transferee has performed or willing to perform his part of contract
(d) Contract is registered

41. Period of limitation for regular suit for possession when plaintiff asserts dispossession by the dependant is :

42. Lurking house trespass means :

43. Which of the following is or are the correct propositions ?
(a) Partnership firm is a legal entity
(b) Partnership firm is a collective name for partners
(c) H.U.F. carrying business is not a partnership
(d) Contract between the partners is a foundation of partnership

44. Which of the following propositions is correct ?

45. Application for delivery of possession by the purchaser of immovable property at the sale in execution of decree is to be made within :

46. Suit for specific performance of contract is to be filed :

47. When is symbolic possession of immovable property required to be given in execution :

48. Which of the following propositions is correct one ?

49. Which of the following propositions are correct ? Declaration granted U/S 34 of the Specific Relief Act:
(a) is a decision binding on the parties to the suit.
(b) is a decision binding on the persons claiming through such parties.
(c) is also binding on other persons who are denying or are interested to deny such status, right of the party declared.
(d) is a judgement in rem

50. Application for execution of decree granting mandatory injuction is to be made :

51. Premises (under Maha. Rent Control Act) means :
(a) Any building
(b) Part of building
(C) A room or apartment
(d) Land or open plot

52. Compensatory cost can be awarded when :

53. Court may presume a document to be duly executed and attested :

54. Written statement is to be filed :

55. Which of the following is a correct proposition ?

56. Frustration of contract means :
(a) Performance of contract becomes afterward impossible because of inaction of promiser
(b) Performance of contract becomes afterward impossible or unlawful for no fault of promiser
(c) Performance of contract becomes difficult

57. ‘A’ keeping bait in the pocket, dishonestly induced a dog of ‘B’ to go with him, thus he took away the dog out of possession of ‘B’. What offence, if any has A committed ?

58. For what an injunction can be granted ?
(a) to prevent breach of obligation in favour of plaintiff.
(b) to restrain a person from instituting or prosecuting criminal proceeding.
(c) to prevent breach of contract, the performance of which would not be specifically enforced.

59. How the contents of a document are to be proved ?

60. ‘Dowry death’, means :

61. Court can take cognisance of the offence of defamation :

62. Warrant of arrest may be directed to :
(a) a police officer.
(b) more than one police officer.
(c) any other person.

63. Which of the following are the correct propositions ?
(a) Every partner has a right to have access and to inspect books of the firm.
(b) Every partner has a right to take part in the business of the firm.
(c) Every partner has a right to show profit.
(d) Every partner has implied authority to open banking account in his own name.

64. Evidence of a witness recorded in the earlier proceeding is relevant and admissible in the subsequent proceeding provided :

65. Injury means :
(a) Defamation, damage to reputation
(b) Voluntarily causing hurt to any person
(c) Harm caused lawfully to any person or property

66. When a person dies intestate without any heir, his property vests in :

67. Which of the following irregularities vitiate the proceedings ?
(a) Magistrate though not empowered, tender pardon U/S 306 Cri Pro.Code in good faith.
(b) Magistrate not empowered, makes over case to other Magistrate.
(c) Magistrate not empowered, tried the offence summarily.
(d) Magistrate though not competent, decides an appeal.

68. Who amongst the following is not a competent witness ?

69. Cross-examination of a witness means :

70. Suit for compensation for malicious prosecution is required to be filed within :

71. How a will is required to be proved ?

72. Agreement without consideration is :
(a) Valid
(b) Void
(c) Valid provided it is in writing, registered and made on account of natural love and affection

73. A decree for partition of agricultural land declaring shares of the parties, is to be executed by:

74. Which of the following are ‘judgement in rem’ ?

75. ‘A’ is tried for the murder of ‘B’ by poison which of the following facts are relevant at the trial of ‘A’ ?
(a) Before the incident ‘A’ had procured poison similar to that found in the body of ‘B’.
(b) Earlier ‘A’ had made attempt to kill ‘B’.
(c) In the past ‘A’ had murdered two others by poisoning.
(d) ‘A’ was on inimical terms with ‘B’.

76. Court of Chief Judicial Magistrate may pass a sentence of imprisonment for a term :

77. Which of the following is or are the correct propositions ?
In a part heard trial of a criminal case :
(a) Succeeding Magistrate can act upon the evidence recorded by his predecessor.
(b) Succeeding Magistrate cannot act upon the evidence recorded by his predecessor.
(c) Succeeding Magistrate cannot act upon such an evidence recorded by his predecessor only in summary trial.

78. Which of the following is a correct proposition ?
(a) Warranty is a stipulation essential to the main contract of sale of goods.
(b) Warranty is a stipulation collateral to the main purpose of contract.
(c) Breach of warranty gives right to a buyer to repudiate the contract.

79. Lease for a month to month can’ be determined by :

80. Minor can institute a suit for recovery of movable property :

81. Which of the following contracts can not be specifically enforced ?
(a) A party is unable to perform whole of the contract and the part which can not be performed is small and admit compensation in money
(b) A contract which is dependent on the personal qualification or violation of the party
(c) A contract which is in its nature determinable
(d) A contract for the non performance of which compensation in money is an adequate relief

82. Landlord is entitled to inspect the premises :

83. When is notice of execution under rule 22 of Ord XXI C.P. Code necessary ?

84. What is the period of limitation for taking congnizance of the offence U/S 326 of I.P. Code ?

85. Which of the following confessions made by the accused is admissible ?

86. Which of the following are the correct propositions ?
(a) Minor can be admitted as a partner
(b) Minor cannot be a partner but may be admitted to the benefit of partnership
(c) Minor admitted to the benefit of partnership can have access to the account of the firm
(d) Such a minor is not personally liable for an act of the firm

87. ‘A’ committed theft of two gold chains of ‘B’ who is a resident of Pune, but from a place in Mumbai, one chain was recovered from ‘C’ at Jalna; another from ‘D’ at Buldana. ‘C’ and ‘D’ purchased chains knowing them to be stolen properties. Which court can enquire and try the offence ?

89. If a landlord without a just cause cuts off or withholds essentia ‘pply or service enjoyed by the tenant, he/she is liable to be punished with imprisonment for a term :

90. Which of the following courts has got inherent powers to make orders in criminal proceedings to prevent abuse of process or to secure ends of justice ?

91. Objection to the jurisdiction of the court can be entertained :

92. A man deliberately did an act and frighten a girl of weak heart, who fell unconscience. What offence if any has he committed ?

93. Act of the child is no offence when the child is :

95. Which of the following authorities is not a ‘state’ for the purpose of part III of Constitution of India ?

96. When is a person eligible for appointment as a District Judge ?

97. Every agreement between landlord and tenant for letting out of the premises is required to be :

98. Which of the following is an incorrect proposition ?

100. Suit filed after the prescribed period of limitation :

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Maharashtra Judicial Service Exam MPSC JMFC CJJD 2016 Question Paper
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