MCQ 10 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (10 November 2023)



Question/ Answer
Question1:- In which recent case Supreme Court observed 'A mere chance witness, whose presence at the spot, at that hour, is not satisfactorily explained therefore, bearing in mind that he kept silent for unusually long i.e. for more than three and a half months, his testimony is not worthy of any credit.'
  • 1. Nikhil Chandra Mondal vs. State of West Bengal 2023
  • 2. Ravi Mandal vs. State of Uttarakhand 2023
  • 3. Pradeep Kumar vs. State of Chhattisgarh 2023
  • 4. Indrajit Das vs. State of Tripura 2023
Answer is 2 is correct. In Ravi Mandal vs. State of Uttarakhand case Supreme Court observed that when a witness keeps silence regarding any gravely incriminating circumstances against the accused for about two months, in the absence of any cogent reason, is bound to lose most of its value. Therefore option (2) is the correct answer.
Question2:-A minor, who has been admitted to the benefits of the partnership, under Section 30(5) of the Indian Partnership Act on attaining majority has to exercise an option, to stay or to leave the firm, within.
  • 1. one month of attaining majority
  • 2. six months of attaining majority
  • 3. 90 days of attaining majority
  • 4. none of the abovet
Answer is 2 is correct. Within six months from attaining majority or from the day he got the knowledge that he was admitted for profit in a partnership firm, whichever date is later; he has to exercise his opinion to stay or leave the firm according to Section 30(5) of the Indian Partnership Act. Therefore option (2) is the correct answer.
Question3:-Amongst below for which Article of the Constitution of India the corporate veil necessarily ascertained?
  • 1. Art. 12
  • 2. Art. 13
  • 3. Art. 14
  • 4. Art. 21
Answer is 4 is correct. In Chiranjitlal Chaudhary vs Association of India, court held that the Right to life and personal liberty is not restricted to a single person but also extends to corporation. Hence the theory of corporate veil which means that a corporation or a company can be made liable for the fraud done by it and to make the company liable the members working would be indirectly made answerable to such liability. Therefore option (4) is the correct answer.
Question4:- If the bailee, without the consent of the bailor, mixes the goods of the bailor with his goods in such a manner that it becomes impossible to separate the goods and return them to the bailor, the bailoris entitled
  • 1. To obtain relief for loss of goods by the bailee.
  • 2. To get relief of 1/2 part of the loss of goods by the bailee.
  • 3. To get relief of 1/4th of the loss of goods by the bailee
  • 4. rigorous imprisonment for a term not exceeding six months.
Answer is 1 is correct. Section 157 of the Indian Contract Act talks about effect of mixture without bailor’s consent and where the goods cannot be separated. Where it is impossible to separate the goods bailed from the other goods, and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods. Therefore, Option (1) is the correct answer.
Question5:- If India decides to have a Presidential form of government, the first and foremost amendment has to be made affecting the:
  • 1. system of judiciary
  • 2. composition of parliament
  • 3. executive-legislative relationship
  • 4. provisions pertaining to Fundamental Rights
Answer is 3 is correct. In Presidential form of government, the President will become the head and thereby all the elections will be conducted by him, parliament will have no existence and hence the executive power of the PM will be transferred to the President. Though, the system of judiciary and provisions of Fundamental Rights will remain the same. Therefore option (3) is the correct answer.
Question6:- What kind of agreement is an insurance agreement?
  • 1. Guarantee
  • 2. Indemnity
  • 3. Bailment
  • 4. Quasi-contract
Answer is 2 is correct. Every contract of insurance is a contract of indemnity, except in the case of life and personal insurance. In fact, law of insurance and law of guarantee are said to be the advanced versions of law of indemnity. Therefore, Option (2) is the correct answer.
Question7:-In which case, High Court of Delhi held that a petition under Section 125 CrPC will be covered by the principle of res judicata due to its universal applicability as proceedings under Section 125 are quasi-criminal in nature.
  • 1. Soumitra Kumar Nahar vs. Parul Nahar
  • 2. Savitaben Somabhai Bhatiya vs. State of Gujrat
  • 3. Mohd. Ahmed Khan vs. Shah Bano Begum
  • 4. Vikas vs. State of Uttar Pradesh
Answer is 1 is correct. In Soumitra Kumar Nahar vs. Parul Nahar, Delhi High Court observed that once the petition has been adjudicated under Section 125 CrPC favourably by a Court of competent jurisdiction on merits, a subsequent petition cannot be preferred on same situation. Court even stated that an appropriate recourse would be seeking relief under Section 127 of the Act. Therefore option (1) is the correct answer.