MCQ 15 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (15 November 2023)



Question/ Answer
Question1:- 'A' and 'B' contract that 'A' shall build a house for 'B' at a fixed price. The order in which reciprocal promises are to be performed was not fixed. What shall be the order of performance?
  • 1. A's promise to build the house must be performed before B's promise to pay for the house.
  • 2. B's promise to pay for the house must be performed before A's promise to build the house.
  • 3. A & B should perform their promises simultaneously.
  • 4. None of the above.
Answer is 1 is correct. The given fact is based on Illustration (a) to Section 52 of Indian Contract Act. Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order, and where the order is not expressly fixed by the Contract, they shall be performed in that order which the nature of the transaction requires. Therefore option (1) is the correct answer.
Question2:-Contract not specifying the places to performance?
  • 1. Can be performed at any place according to the knowledge of the promisee
  • 2. The promisor has to apply to the promisee for appointment of a place to perform the promise
  • 3. The promisor need not seek any instructions from the promise as to the place of performance
  • 4. The promisor can perform the promise at a place other than the place appointed by the promisee
Answer is 2 is correct. When no place is fixed for the performance of promise, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such a place, according to Section 49 of Indian Contract Act. Therefore option (2) is the correct answer.
Question3:-Which of the following statements is the most appropriate?
  • 1. The President of India is bound by the advice of Council of Minister.
  • 2. The President of India is not bound by the advice of Council of Minister.
  • 3. The President of India may require Council of Ministers to reconsider advice.
  • 4. The President of India is bound to accept advice of Council of Minister, tendered after reconsideration.
Answer is 4 is correct. According to the proviso of Article 74(1) of Constitution of India, the President may require the council of ministers to reconsider such advice either generally or otherwise and President shall act in accordance with the advice tendered after such reconsideration. Thus president is bound by the advice of the COM after reconsideration. Therefore option (4) is the correct answer.
Question4:- The oath is administered to the President of India by?
  • 1. Speaker of the Lok Sabha
  • 2. Prime Minister of India
  • 3. Attorney General of India
  • 4. Chief Justice of India
Answer is 4 is correct. According to the Article 60 of Constitution of India, every President and every person acting as President or discharging the functions of the President shall before entering upon his office take oath in the presence of Chief Justice of India or, in his absence the senior most judge of the Supreme Court available. Therefore option (4) is the correct answer.
Question5:- When the President is to be impeached, the charge shall be preferred by?
  • 1. Either House of the Parliament
  • 2. The Upper House of the Parliament
  • 3. The Lower House of the Parliament
  • 4. Both the Houses of the Parliament simultaneously
Answer is 1 is correct. Article 61 of the Constitution of India provides that the President is to be impeached by either House of Parliament on the only ground of violation of the Constitution. Therefore option (1) is the correct answer.
Question6:- What is the evidentiary value of newspaper reports?
  • 1. Primary and best evidence
  • 2. Secondary and best evidence
  • 3. Primary and hearsay evidence
  • 4. Secondary and hearsay evidence
Answer is 4 is correct. Newspaper reports are secondary hearsay evidence which cannot be relied upon until it is proved by further evidences. In Khilumal v. Arjun Das (1959), the Court held that the newspaper reports are mere hearsay and cannot in law be relied upon as the proof of speech. Therefore option (4) is the correct answer.
Question7:-A boy over 11 years but below 12 years of age picked up a knife and proceeded towards the victim with threatening gesture saying that he will cut him into pieces and later actually stab him to death.
  • 1. The boy will be guilty because he had attained maturity of understanding to judge the nature & consequence of his conduct of mind & the act concurred in this case
  • 2. The boy will not be guilty of murder
  • 3. The boy will not be guilty of murder as he had not attained sufficient maturity of understanding to judge the nature and consequence of his conduct.
  • 4. The boy will not be guilty as child of age of 12 years can't be guilty of an offence
Answer is 1 is correct. According to Section 83 of Indian Penal Code nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. The presumption of innocence of a child is based on the principle of immaturity of intellect. In the present case the child is mature enough to understand what he is saying and doing and thus would be held liable. Therefore option (1) is the correct answer.

Syllabus

Test Series

Notification

Brochure

Result