Maharashtra Judicial Service Exam MPSC JMFC CJJD 2019 Question Paper

Maharashtra MPSC JMFC CJJD Judge Magistrate Exam 2019 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 2019 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. As per the provisions of the Code of Criminal Procedure, which of the following are acquittals ?
a. Disposal under Section 256
b. Disposal under Section 245(2)
c. Disposal under Section 203
d. Disposal under Section 320

2. The period of limitation for taking cognizance of an offence punishable with imprisonment of one year is

3. Magistrate convicted an accused for dishonor of cheque of Rs. 1,00,000. As per Section 357 of the Code of Criminal Procedure, he can impose a fine of

4. As per Section 239 of the Code of Criminal Procedure, Magistrate can consider. (Choose correct option)

5. A and B are on bail. The Magistrate has sentenced A to three years imprisonment and B to a fine of Rs. 10,000 with default imprisonment of one month. They intend to file appeal and hence applied for bail. The Magistrate

6. Set-off to a convicted person

7. As per the definition given in the Indian Penal Code, the word “injury” denotes any harm illegally caused to any person
a. in body
b. in mind
c. in reputation
d. in property
Choose the correct option out of the above.

8. a. A company cannot be prosecuted for an offence prescribing mandatory punishment of imprisonment.
b. A thing which has been obtained by criminal misappropriation cannot be termed as stolen property.
Choose the correct option.

9. A shakes his fist at Z, intending that thereby he may cause Z to believe that A is about to strike Z. A committed

10. An unlawful assembly requires assembly of at least persons with a common object.

11. A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement and obtains money from Z. Afterwards, A breaks his contract and does not deliver the cement bags.

12. A finds the key of Z’s house-door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with the key. This is

13. A gives a fist blow and causes dislocation of tooth of Z. A committed an offence punishable under Section of the Indian Penal Code.

14. The maximum default sentence for an offence punishable under Section 510 of the Indian Penal Code is

15. A person born on 14.01.2001 committed an offence punishable under Section 379 of the Indian Penal Code on 14.01.2019. Which court is competent to deal with his case of trial ?

16. In a case of offences punishable under Sections 143, 147, 148 and 326 read with 149 of the Indian Penal Code, which of the following charges will be be proper ?

17. Match the following :
a. Obiter Dicta I. Resulting from ignorance
b. Sub Silentio II. Persuasive value
c. Stare decisis III. Particular legal point was not discussed
d. Per incuriam IV. Stand by precedent
Choose the Answer Option corresponding to the order a b c d :

18. In Shayara Bano vs Union of India (2017) 9 SCC 1, the practice of has been declared as illegal.

19. Match the following :
List I :
a. Sexual intercourse by husband with minor wife
b. In-camera trial of rape cases
c. Sexual harassment of women at workplace
d. In-camera trial of IPC cases of Sections 354 and 377
List II :
I. State of Punjab vs. Gurmit Singh
II. Vishaklia vs. State of Rajasthan
III. Sakshi vs. Union of India
IV. Independent Thought vs. Union of India
Choose the Answer Option corresponding to the order a b c d :

20. Match the following :
a. Mandamus I. ‘To be certified’
b. Habeas corpus II. ‘We command’
c. Certiorari III. To prohibit inferior court
d. Prohibition IV. ‘You may have the body’
Choose the Answer Option corresponding to the order a b c d :

21. Match the following with the Articles of Constitution of India :
a. Protection from self-incrimination I. Article 20(2)
b. Protection of life and personal liberty II. Article 20(1)
c. Protection from double punishment III. Article 20(3)
d. Protection from ex-post facto legislation IV. Article 21
Choose the Answer Option corresponding to the order a b c d :

22. What is the objective of the Constitution (103rd Amendment) Act 2019 ?

23. According to the judgment in Selvi and Others vs State of Karnataka does not violate the personal liberty.

24. Civil Judge Junior Division is appointed by

25. Constitution Day is observed in India on.

26. has power to exercise writ jurisdiction.

27. A issued a cheque to B towards repayment of a five-year-old promissory note. It is dishonoured. Hence, A filed a money suit and a complaint case under Section 138 of the Negotiable Instruments Act.
Choose the correct option.

28. Vendee (Defendant) paid Rs. 1,000 as earnest money and then Rs. 24,000 after 7 days, as out of sale price. If the vendee does not pay the balance by the agreed date, the whole amount of Rs. 25,000 is deemed to be forfeited as per the agreement. He failed to pay the balance amount. Which amount is liable to be forfeited as earnest money ?

29. A executes a registered agreement promising his son B to give T 5,00,000 out of natural love and affection.
Choose the correct option.

30. In a suit by seller for the amount of price, in absence of contract to the contrary, the court.

31. When a buyer refuses to accept the delivery of goods which are not in conformity with the contract,.

32. As per the Indian Partnership Act, the relation of partnership arises by

33. a. A minor admitted to the benefits of a partnership with consent of all partners, becomes a partner after six months of attaining majority, unless he determines his relation.
b. An outgoing partner may, in absence of a contract to the contrary, carry on a business competing with that of the firm.
Choose the correct option in respect of the above statements.

34. Continuing guarantee means

35. a. To create an agency, consideration is necessary
b. The authority of an agent may be implied also.
Choose the correct option.

36. a. A debtor’s payment without any direction as to its appropriation, may be appropriated towards time-barred debt by the creditor
b. Pawnee is not entitled to receive from the pawnor the extraordinary expenses incurred by him for preservation of the pledged goods.
Choose the correct option.

37. a. The presumption under Section 90 of the Evidence Act is in respect of truthfulness of the contents of the document.
b. 30 years period of it is to be reckoned from the date of production in the court and not from the date of tendering in evidence.
Choose the correct option in respect of the above statements.

38. Section 165 of the Indian Evidence Act empowers the judge

39. a. The presumption under Section 112 of the Indian Evidence Act can be rebutted by DNA Test.
b. Falsus in uno, falsus in omnibus is a rule of law.
Choose the correct option.

40. A man is presumed to be dead if he is not heard of as alive for

41. A is charged with voluntarily causing grievous hurt under Section 325 of the Indian Penal Code. The burden of proving the sudden and grave provocation by the injured is on.

42. An email was forwarded by the originator through an email server to the addressee. The court may presume that the message.

43. A prepared a letter on his laptop and sent by email. The letter may be proved by

44. First Information Report can be used for

45. a. A statement of an accused to police under Section 27 of the Indian Evidence Act cannot be used as confession.
b. To constitute discovery of a fact, there must be discovery of some physical object.
Choose the correct option.

46. Leading questions are not permissible
a. In cross-examination.
b. In examination-in-chief, without permission of the court. Choose the correct option.

47. In a proceeding before Rent Controller, the tenant disclaimed landlord’s title. Landlord issued quit notice under Section 116(g) of the Transfer of Property Act and filed regular civil suit for eviction on forfeiture ground. Landlord accepted the rent, but continued the suit.
a. Eviction decree can be passed by regular civil court.
b. Acceptance of rent did not amount to waiver of forfeiture ground.

48. a. An oral agreement to sell is invalid.
b. An agreement to sell, signed by vendor alone, in evidence of oral agreement, is valid.
Choose the correct option.

49. As per the Transfer of Property Act, monthly tenancy is terminable on notice of

50. Lis pendens

51. A tenant who continues possession with landlord’s consent, after determination of lease is

52. One of the requirements of Section 53A of the Transfer of Property Act is

53. A contract for sale of immovable property creates

54. The rents and profits of the immovable property from the date of agreement till the ownership passes to the buyers, go to

55. Unless there is something contrary in the subject and context in the Transfer of Property Act,
a. “Immovable property” includes standing timber.
b. “Instrument” means testamentary instrument.
Choose the correct option.

56. Plaintiff succeeded in proving that defendant no. 1 accepted 1 Lakh and entered into agreement to sell the suit property for 5 Lakh. But, defendant 2 purchased it for 4 Lakh with knowledge of the plaintiff’s agreement. Defendant no. 1 executed sale deed in favour of defendant no. 2. Now what will be the proper course ?

57. A suit by vendee for specific performance of contract to sell an agricultural land with condition of the vendor obtaining Collector’s permission

58. Application to amend plaint to include alternate claim of refund of earnest money and compensation

59. Two daughters and their parents agreed to sell an immovable property jointly owned with a minor daughter, to P with permission of court. The court rejected permission for sale of minor’s share. P sued for specific performance of agreement to the extent of parents and major daughters. Specific performance shall be

60. a. An agreement to sell an immovable property mortgaged for less than sale price can be enforced.
b. A landlord can recover possession of the property from the person who unlawfully dispossessed his tenant, under Section 6 of the Specific Relief Act.
Choose the correct option in respect of the above statements.

61. a. Absence of averment of ready and willingness makes the suit for specific performance of contract liable to be dismissed, b. Where, granting injunction would cause delay in completion of project of Electricity Distribution, no injunction should be granted.
Choose the correct option in respect of the above statements.

62. a. Court can extend time to deposit the balance price in spite of order in decree to pay it by a certain date and on failure, the suit stands dismissed.
b. As regards a suit for specific performance of contract of sale of immovable property, the prayer for possession can be made in final decree proceeding.
Choose the correct option in respect of the above statements.

63. As per the Specific Relief Act
a. Unless and until the contrary is proved, court shall presume that a contract to transfer immovable property cannot be adequately released by monetary compensation.
b. A contract which is in its nature determinable cannot be specifically enforced. Choose the correct option in respect of the above statements.

64. a. Perpetual injunction can be granted by a decree only upon merits of the suit, b. Temporary injunction may be granted after the judgment also.
Choose the correct option.

65. A suit for cancellation of a written instrument, by a party against whom it is
a. Void, is tenable.
b. Voidable, is not tenable.
Choose the correct option.

66. a. An injunction cannot be granted when the plaintiff has no personal interest in the matter.
b. A suit by a coparcener against Karta of the family restraining from alienating the house property of the joint family for legal necessity, is not tenable.
Choose the correct option.

67. A, a tenant of a residential premises died last year. At the time of his death, his married daughter was residing with him and his unmarried daughter, was residing away and separate from him. Upon his death, as per Section 7(15) of the Maharashtra Rent Control Act, 1999, who becomes “tenant” ?

68. A is a licensee of B under a written agreement of licence for a certain period under the Maharashtra Rent Control Act, 1999. The property is situated in Pune. A continued possession even after expiry of the licence period. Which is the legal forum for B to file eviction proceeding ?

69. In a suit for eviction under the Maharashtra Rent Control Act on wilful default and bonafide requirement grounds, the tenant already paid the arrears of rent till the date of reply to the demand notice but did not regularly deposit rent during the pendency of the suit. The plaintiff could not prove his bonafide need.

70. Under the Maharashtra Rent Control Act, in absence of a contract to the contrary, a tenant is not to do the following :
a. Sub-letting
b. Giving on licence
c. Assignment
d. Transfer
Choose the correct option.

71. An agreement of leave and licence under the Maharashtra Rent Control Act for needs to be compulsorily registered.

72. a. In the absence of written agreement of lease, the landlord is precluded from giving evidence of terms and conditions of lease, under the Maharashtra Rent Control Act.
b. A suit under the Maharashtra Rent Control Act has to be decided in 9 months. Choose the correct option.

73. As per the Maharashtra Rent Control Act,
a. It is unlawful for a landlord to accept a deposit to grant lease.
b. It is unlawful for a tenant to claim a sum for relinquishment of tenancy. Choose the correct option.

74. As per the Maharashtra Rent Control Act,
a. Closing of balcony of the tenanted premises without landlord’s written consent amounts to causing damage to the building.
b. Erecting a permanent structure by tenant on the let-out premises without landlord’s consent is a legal ground for eviction.
Choose the correct option.

75. Under the Maharashtra Rent Control Act, for eviction of tenant on non-user grounds, the landlord has no burden to prove the following fact:

76. Assignment of decree of the following ground, under the Maharashtra Rent Control Act is unlawful:

77. a. In absence of defence of bar of limitation, the court shall not dismiss a suit, appeal or application.
b. In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.
Choose the correct option in respect of the above statements.

78. a. Period of limitation for suit to recover arrears of rent is three years from the date of demand notice.
b. Period of limitation for suit for specific performance of a contract, in which no date is fixed for the performance, is three years from the date of contract. Choose the correct option in respect of the above statements.

79. Limitation to file application for Review of Judgment by a Civil Judge Junior Division is

80. Application to bring legal representatives of deceased defendant is to be filed within

81. Limitation to enforce payment of money secured by mortgage of property is

82. Suit for possession under Section 6 of the Specific Relief Act is to be filed within from the date of dispossession.

83. The Statute of Limitation regarding debt.

84. Limitation for application under the Code of Civil Procedure for setting aside an abatement is

85. Limitation to file appeal under the Code of Criminal Procedure, to Sessions Court against a sentence is

86. Limitation for filing application for setting aside ex-parte decree when the summons was served through substituted service is

87. To which processes, can a court refer the parties to a suit, without the consent of a party ?
a. Lok Adalat
b. Mediation
c. Judicial Settlement
d. Conciliation
Choose correct options :

88. The “specified value” under the Commercial Courts Act as amended in 2018 means a “commercial dispute” of subject-matter of not less than Rupees which are not to be tried by ordinary civil court.

89. The principal sum adjudged as “such principal sum” referred to in Section 34 of the Code of Civil Procedure, 1908 means

90. a. Objection relating to deficit stamp duty must be decided before exhibiting the document.
b. Objection relating to proof of document of which admissibility is not in dispute, may be taken and determined after exhibiting the document.
c. Objection to document which in itself is inadmissible cannot be admitted after exhibiting the document.
Choose the correct option in respect of the above statements.

91. Where the plaintiff appears and the defendant does not appear in spite of due service of suit summons for settlement of issues, then the court shall

92. In which suit may summons for judgment be issued ?

93. a. A judgment against a defendant who died after the arguments but before the judgment, is not a nullity.
b. Sending a decree to collector for effecting partition as per the decree is called ‘precept’.
Choose the correct option in respect of the above statements.

94. Detention of a judgment debtor in civil imprisonment in an execution of a decree is not permissible
a. when the judgment debtor intends to apply to be declared as insolvent.
b. when it is a money-decree against a woman.
c. when the judgment debtor has already undergone civil imprisonment of three months for the same decree.
d. when the money-decree is for not more than 5,000.
Choose the correct option in respect of the above statements.

95. a. Filing of appeal operates as stay of proceeding under a decree or order appealed.
b. The court which passed the decree has power to stay the execution at any time if no appeal is filed within limitation.
Choose the correct options in respect of the above statements.

96. Which of the following are not liable to attachment or sale in execution of a decree ?
a. Bullocks and cart of an agriculturist
b. Pay and allowances of Armed Forces’ members
c. Voluntary deposits in provident fund
d. Two-third of salary, in execution of maintenance decree Choose the correct option in respect of the above statements.

97. Cognizable offence means an offence
a. in which a police officer may arrest without warrant.
b. which may be investigated by police without order of a magistrate.
c. in which police cannot grant bail.
d. cognizance of which can be taken by Magistrate upon police report only. Choose correct option in respect of the above statements.

98. A Judicial Magistrate First Class convicted an accused for offences punishable under Sections 420 and 468 of the Indian Penal Code. How much maximum imprisonment can he award him ?

99. Out of the following statements, which one is incorrect ?

100. Judicial Magistrate First Class can grant police custody under Section 167 of the Code of Criminal Procedure for a maximum period of

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