MCQ 6 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (6 November 2023)

Question/ Answer
Question1:-1. What is true about Court of Session?
  • 1.It can take cognizance without committal
  • 2. It cannot take cognizance without committal
  • 3. It can take cognizance on the recommendation of District Magistrate
  • 4. It can take cognizance if the challan is put up by the Superintendent of Police
Answer is 2 is correct. Cognizance means ‘to be aware of’ and committal means ‘forwarding the case to the higher authority’. As per Section 193 of CrPC case can be commited to the Court of Session when it appears to the magistrate that the offence is exclusively tried by the Court of Session. Hence no case can be tried by the Court of Session without committal by the Magistrate, though there are few exceptions to this general rule which is Section 199. Therefore option (2) is the correct answer.
Question2:-Which one of the following is prescribed by the maxim ex nudo pacto non oritur actio?
  • 1. Doctrine of privity of contract
  • 2. Doctrine of consideration
  • 3. Doctrine of implied term
  • 4. None of the above
Answer is 2 is correct. Ex nudo pacto non oritur actio means ‘no right of action arises from a contract entered into without consideration’ Consideration is a quid-pro-quo of the contract which means ‘something for something’. A contract is void without consideration. Hence this maxim is related to doctrine of consideration. Therefore option (2) is the correct answer.
Question3:- The case of Kashmira Singh v. State of Madhya Pradesh relates to—
  • 1. Dying declaration
  • 2. Privileged communication
  • 3. Confession to police officer
  • 4. Confession of a co-accused
Answer is 4 is correct. This case is related to confession of a co-accused. Wherein it was held that the confession by a co-accused is a weak type of evidence and no conviction can be made purely on the basis of the uncorroborated testimony of the co-accused. Therefore option (4) is the correct answer.
Question4:-Question is, whether A was robbed. The fact that he said, he had been robbed without making any complaint
  • 1. is relevant showing preparation for relevant facts
  • 2. is relevant showing conduct
  • 3. is relevant showing effect of relevant facts
  • 4. may be relevant under Section 32 or Section 157 of the Evidence Act
Answer is 4 is correct. The fact that A was robbed but he did not make any complaint regarding the same is not relevant under Section 8 which talks about motive, preparation and conduct but it may be relevant as a dying declaration under Section 32(1) if the victim is death after making that statement or as a corroborative evidence under Section 157 of the Act. Therefore option (4) is the correct answer.
Question5:-Doctrine of mens rea is not attracted to which of the following categories of offences?
  • 1.Relating to fraud
  • 2. Relating to bodily injury
  • 3. Relating to offence against state
  • 4. Strict liability
Answer is 4 is correct. The rule of strict liability originates from the famous English case of Rylands v. Fletcher. Under this concept, liability of the person arises without his intention for causing such damage to the other person though there are few exceptions to this rule. Therefore option (4) is the correct answer.
Question6:-What type of Muslim marriage is which is performed temporarily for enjoyment?",
  • 1. Batil
  • 2. Sahih
  • 3. Muta
  • 4. Fasid
Answer is 3 is correct. Muta marriage is a union of male and female for a temporary period of time. This concept is recognized under shia school and it was recognized to provide legitimacy to the children born out of this relationship. Therefore option (3) is the correct answer.
Question7:-Under the Limitation Act, the period of limitation for filing a suit for compensation for false imprisonment begins to run from the time:
  • 1. when imprisonment ends
  • 2. when imprisonment begins
  • 3. when prosecution terminates
  • 4. none of the above
Answer is 1 is correct. False imprisonment means total restraint of personal liberty of the person. Article 19 of the Limitation Act provides for suits for compensation for false imprisonment, a period of one year from the time the false imprisonment ends. Therefore option (1) is the correct answer.