Daily MCQs for Judiciary Prelims Exams - (26 April 2024)

Question/ Answer

Question1:- Who may be directed to give specimen signature under Section 311A of the Code of Criminal Procedure 1973?

(a) Any person including accused person
(b) Only accused person
(c) Only victim
(d) Only witness

Answer is A is correct. As per Section 311A of the Code of Criminal Procedure, “if a magistrate of first class is satisfied that for the purpose of any investigation or proceeding under this code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect….” Therefore option (a) is the correct answer.

Question2:- 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."

(a) Nikhil Chandra Mondal vs. State of West Bengal 2023
(b) Ravi Mandal vs. State of Uttarakhand 2023
(c) Pradeep Kumar vs. State of Chhattisgarh 2023
(d) Indrajit Das vs. State of Tripura 2023

Answer is B 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 (b) is the correct answer.

Question3:- Can in any situation a suit, akin to public interest litigation, be instituted under Civil Procedure Code even though no special damage has been caused to persons willing to file the suit

(a) No, only a writ petition lies under Article 226 of the Constitution.
(b) No, only a writ petition lies under Article 32 of the Constitution.
(c) Yes, a suit can be instituted under Section 91 Civil Procedure Code.
(d) Yes, a suit lies under a Section 92 Civil Procedure Code.

Answer is C is correct. A situation similar to public interest litigation is provided under Section 91 of the Code of civil procedure which talks about public nuisance, where two or more person without any special damage can file a suit with the consent of court. Public nuisance is defined under Section 268 of Indian penal code. Therefore option (c) is the correct answer.

Question4:- A, B and C are partners in a firm. C retires and X admitted as a new partner. The firm did not give a public notice on the change but continued its business in its old firm name. Z, a customer of the firm, deals with the firm after the change and the firm becomes indebted to him:

(a) Z can sue A, B, C and X
(b) Z can sue A, B and C
(c) Z can sue either A, B and C, or A, B and X
(d) Z can sue A and B only

Answer is A is correct. An outgoing partner is liable to other partners and third party to the extent of his share in the firm till public notice is provided to public of his retirement according to Section 32(3) of Indian Partnership Act. Hence Z can sue all the partners as well as new partner [Section 31(2)] if new partner has agreed to be liable to the firm for obligations incurred before his admission and not otherwise. Therefore option (a) is the correct answer.

Question5:- A Government Company is one in which not less than ____ of the paid up share capital is held by the Govt.

(a) 51 percent
(b) 50 percent
(c) 90 percent
(d) 99 percent

Answer is A is correct. At least 51% of the paid-up share capital must be owned by the government in order to make the company as a government company as per Section 2(45) of the Companies Act 2013. Therefore option (a) is the correct answer.

Question6:- Which of the statements is not in accordance with the provisions of the Arbitration and Conciliation Act, 1996?

(a) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal
(b) In the absence of an agreement between the parties, the arbitral award shall state the reasons upon which it is based
(c) After the arbitral award is made, a signed copy shall be delivered to each party
(d) The arbitral tribunal shall not, during the arbitral proceedings, make an interim award.

Answer is D is correct. Section 31(6) of the Arbitration and Conciliation Act specifically states that “the arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award.” Hence option (d) is a wrong statement. Whereas option (a) is mentioned under Section 31(1) of the Act, option (b) under Section 31(3) and option (c) under Section 31(5) of the Act. Therefore option (d) is the correct answer.

Question7:- Property of the firm as per Section 14 of the Indian Partnership Act includes

(a) Property originally brought
(b) Property subsequently acquired
(c) Goodwill of the business
(d) All of the above

Answer is D is correct. Section 14 of the Act provides for the provisions related to the property of the firm which includes property originally brought in and subsequently acquired. Property originally brought in includes goodwill of the business as well. Therefore option (d) is the correct answer.

MCQ 26 April 2024

Daily MCQs for Judiciary Prelims Exams - (26 April 2024)

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