Rajasthan Civil Judge Answer Key 2021
| Name of the Exam | Rajasthan Civil Judge 2021 Preliminary |
| Date of the Exam | 28th November, 2021 |
1. Under the provisions of the Specific Relief Act, 1963, when a part of contract, which taken by itself, can and ought to be specifically performed, stands on a separate independent footing from another part of the same contract, which cannot and ought not be specifically performed, then:
(2) It will be the discretion of the Court to direct or not direct the specific performance of the former part.
(3) The Court may direct the specific performance of the former part.
(4) None of the above
2. Under the Transfer of Property Act, 1882 'Attached to earth' doesn't mean:
(2) Shrubs
(3) Growing Crops
(4) Walls or Buildings
3. Under The Indian Contract Act, 1872, a Contract to perform the promise or discharge the liability of third person in case of his default:
(2) is a contract of warranty
(3) is a contract of indemnity
(4) None of the above
4. Which of the following statement with reference to Section 3 of Indian Evidence Act, 1872 is not correct?
(2) An inscription on a metal plate is a document
(3) A caricature is not a document
(4) That a man said certain words, is a fact
5. If for a period of _______, a member of a House of the legislature of the State, without permission from the house, is absent from all meetings thereof, the house may declare his seat vacant.
(2) 90 days
(3) 60 days
(4) 30 days
6. Under the Code of Civil Procedure, 1908, which of the following is not a supplemental proceeding?
(2) Granting of a temporary injunction
(3) Arrest and attachment before judgement
(4) Granting of a permanent injunction
7. Under the Code of Civil Procedure, 1908, in one situation the contract of engagement of a lawyer by the party to suit will be deemed to continue even after the death of that party. Which is that situation?
(2) Till the legal heirs engage a new lawyer
(3) Till the application for impleadment of legal heirs is filed
(4) Till the legal heirs are brought on record
8. For the purpose of hearing any reference under Article 143 of Constitution of India, the minimum number of judges of Supreme Court, who are to sit for the purpose, shall be:-
(2) 5
(3) 7
(4) 11
9. In which of the following case, presumption of contract to contrary under section 230 of Indian Contract Act, 1872, shall not be presumed?
(2) Where the principle does not disclose the name of the agent
(3) Where, the principal, though disclosed, cannot be sued
(4) In all the above cases
10. An advertisement in a newspaper inviting tenders is:
(2) Invitation for conversation
(3) Promise
(4) Invitation to Proposal
11. What is meant by statutory interpretation?
(2) The interpretation of a statute by the House of Commons
(3) The interpretation of a statute by the courts
(4) The interpretation of a statute by the House of Lords
12. Under the Specific Relief Act, 1963, any person having possession or control of a particular article of movable property, of which he is not the owner, may not be compelled specifically to deliver it to person entitled to its immediate possession, in which of the following cases?
(2) When compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed
(3) When it would be extremely difficult to ascertain the actual damage cause by its loss
(4) When the possession of the thing claimed has been wrongfully transferred by the plaintiff
13. Under the provision of The Rajasthan Rent Control Act, 2001, which of the following is not a requisite regarding inspection of a rented premise?
(2) The premises shall be inspected in day time
(3) Such inspection shall not be carried out more than once in three months
(4) Such inspection shall be carried out only in the presence of tenant
14. Any suit filed under the provisions of The Specific Relief Act, 1963 shall be disposed by the court within a period of ______ from the date of service of summons to the defendant.
(2) 9 months
(3) 12 months
(4) 24 months
15. To enforce a right of preemption, period of limitation is :-
(2) Three Years
(3) Two Years
(4) One Year
16. Ut Res Magis Valeat Quam Pereat is also known as…………..
(2) Rule of reasonable construction
(3) Rule of ejusdem generis
(4) All of the Above
17. Under the Code of Civil Procedure, 1908, in which of the following case ‘Signed’ does not include ‘Stamped’?
(2) Bailable Warrant
(3) Attachment Warrant
(4) Judgement
18. Which of the following statement regarding Chapter –VIII of The Transfer of Property Act, 1882 relating to ‘Of Transfers of actionable claims’, is incorrect?
(2) This chapter doesn’t apply to any mercantile document of title of goods.
(3) The transferee of actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at the date of the transfer.
(4) Every notice of transfer of an actionable claim shall be in writing.
19. The Writ Jurisdiction of High Court is wider than Writ Jurisdiction of Supreme Court. Examine the correct answer.
(2) No. Article 32 is wider.
(3) Both jurisdictions are identical.
(4) None of the above option.
20. Under Section 15 of the Limitation Act, 1963, exclusion of time is not applicable to :-
(2) Appeals
(3) Application for the execution of a decree
(4) All of the above
21. According to ……….. of interpretation, the meaning of a word is to be judged by the company it keeps.
(2) Golden rule
(3) Noscitur a sociis
(4) Primary rule
22. Under Rajasthan Rent Control Act, 2001, an application made under section 23 shall be disposed of by Rent Authority within …… from the date of presentation of the application.
(2) 90 days
(3) 60 days
(4) 30 days
23. Under the Code of Civil procedure, 1908, which of the following statement is not correct?
(2) Decree includes the determination of any question under Section 144.
(3) Decree does not include any order of dismissal for default.
(4) Decree includes any adjudication from which an appeal lies as an appeal from an order.
24. The repealment of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (“Act of 1950”) by Section 32(1) of the Rajasthan Rent Control Act, 2001, affected which of the following?
(2) To any right acquired under the Act of 1950.
(3) To any fine incurred under the provisions of the Act of 1950.
(4) None of the above option.
25. On application under Section 22-E of The Rajasthan Rent Control Act, 2001, court fee shall be payable :-
(2) Rs. 100/-
(3) Rs. 250/-
(4) Ad valorem
26. Which of the following statement with reference to Indian Evidence Act, 1872, is not correct?
(2) Primary evidence means the document itself produced for the inspection of the court.
(3) Counterparts of documents as against the parties who execute them, comes under secondary evidence.
(4) Oral evidence must be direct.
27. Under which section it is provided that in all civil proceedings the husband or wife of any party to the suit shall be a competent witness?
(2) Section 121 of Indian Evidence Act, 1872
(3) Section 122 of Indian Evidence Act, 1872
(4) Section 126 of Indian Evidence Act, 1872
28. Pending proceedings in a representative suit, the dispute is settled between plaintiff and defendants. They jointly filed an application to record settlement which was allowed. Suit was decreed in terms of the settlement. Is there any procedural irregularity?
(2) Yes. Court ought to have conducted an enquiry about the genuineness of settlement.
(3) No. Court could have granted leave to settle, being a representative suit.
(4) Yes. Court cannot grant permission without following due procedure, being a representative suit.
29. Which of the following statement regarding ‘Gift’ under the Transfer of Property Act 1882 is correct?
(2) transferor is known as done and transferee is known as Donor in the gift
(3) if the donee dies before acceptance the gift is void
(4) None of the above option
30. Under the constitution of India, provision to disqualification on ground of defection is made
(2) In tenth schedule
(3) In Eleventh schedule
(4) In Twelfth schedule
31. Section 87 of Indian Evidence Act 1872 provides-
(2) presumption as to books maps and chart
(3) Presumption as to telegraphic message.
(4) Presumption as to due execution, etc. of documents not produced.
32. Which of the following is not defined under section 2 of limitation act
(2) Bond
(3) Cheque
(4) Promissory notes
33. Under the Indian Contract Act 1872 requisite for a valid ratification is
(2) Interest of the person ratifying in the case
(3) Rights of the person ratifying in the case
(4) Liability of the person ratifying in the case
34. Under the limitation act 1963 which of the following is not a correct definition-
(2) “Suit” does not include an appeal or an application;
(3) “Foreign country” means any country other than India;
(4) None of the above option
35. The concept of free Legal Aid takes its root from which article of constitution of India-
(2) Article 39
(3) Article 38
(4) Article 39A
36. Order made under Section 144 of Code of Criminal Procedure, 1973, shall not remain in force for more than_________from the making thereof.
(2) three months
(3) six months
(4) one month
37. Under Section 32 of the protection of children from sexual offences act 2012 a person shall be eligible to be appointed as a special Public Prosecutor only if he had been-
(2) in practice for not less than 5 years as an advocate
(3) in practice for not less than 7 years as an advocate
(4) in practice for not less than 2 years as an advocate
38. Under the protection of women from domestic violence act 2005 which of the following statements regarding protection officer is correct-
(2) Penalty is prescribed for not discharging duty by protection officer
(3) A first information report can be lodged for the offence committed by protection officer
(4) None of the above
39. Under the provision of section 105a of the code of criminal procedure 1973 identifying includes
(2) Establishment of a proof that the property was derived from, the commission of an offence;
(3) Test identification parade of accused and property
(4) None of the above option
40. While releasing the offender after admonition under the probation of offenders Act 1958 which of the following facts need not to be taken into consideration by the court
(2) Nature of the offences
(3) Character of the offender
(4) Punishment provided for the offence
41. With reference to Section 90 of Indian penal code 1860 consent of child means-
(2) The consent given by person who is under 14 year of age
(3) The consent given by person who is under 13 year of age
(4) The consent given by person who is under 12 year of age
42. Under the Indian penal code, which is not a punishable offence?
(2) Make preparation to commit dacoity
(3) Make preparation of waging war against the government of India
(4) Make preparation to commit depredation on territories of power at peace with the government of India
43. A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. The judgment against B is irrelevant as against C.
(2) is relevant against 'C'
(3) is a conclusive proof against 'C'.
(4) is a proved fact against 'C'.
44. Under The Juvenile Justice (Care and Protection of Children) Act, 2015, who may not be designated as a Child Welfare Officer?
(2) Assistant Sub-Inspector
(3) Sub-Inspector
(4) All of the above
45. Under the provisions of The Protection of Women from Domestic Violence Act, 2005, which of the following statement regarding protection order, is wrong?
(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub section (1) of section 31 has been committed by the accused.
(3)Breach of protection order is a non-cognizable offence.
(4) Breach of protection order is a nonbailable offence.
46. Under section 17 of The Probation of Offenders Act, 1958, rules can be framed by:
(2) State Government
(3) Central Government, with the approval of State Government.
(4) State Government, with the approval of Central Government.
47. Z's will contains these words: "I direct that all my remaining property be equally divided between 'A', 'B' & 'C'." 'A' dishonestly scratches out B's name, intending that it may be believed that whole was left to himself and 'C'. What offence 'A' has committed under Indian Penal Code, 1860?
(2) Forgery
(3) Counterfeit
(4) None of the above option
48. Evidence in the proceedings of 125 of the Code of Criminal Procedure, 1973 shall be recorded in the manner:
(2) prescribed for warrant-cases.
(3) as prescribed by the court in its discretion.
(4) prescribed for summary trials.
49. The Indecent Representation of Women(Prohibition) Act, 1986, is published in the Gazette of India on:
(2) 1 April 1987
(3) 25 September 1987
(4) 2 October 1987
50. For the purposes of Section 141 of Negotiable Instrument Act, 1881. Company doesn't mean-
(2) Firm
(3) Group of individuals
(4) Association of individuals
51. Where an offence under The Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for less than three years, then such offence shall be:
(2) Cognizable, non-bailable and triable by Magistrate of the First Class.
(3) Non-Cognizable, bailable and triable by any Magistrate.
(4)Non-cognizable, non-bailable and triable by any Magistrate.
52. Offence under Section 232 of Indian Penal Code, 1860 is:
(2) Cognizable, Non- Bailable and triable by the Magistrate of first class.
(3) Non-Cognizable, Bailable and triable by the Magistrate of first class.
(4) Non-Cognizable, Bailable and triable by any Magistrate.
53. Provisions of sections 3 to 13 of The Protection of Children from Sexual Offences Act, 2012, shall not apply in case of medical examination or medical treatment of a child when:
(2) such medical examination or medical treatment is undertaken with the consent of court.
(3) such medical examination or medical treatment is undertaken with the consent of his parents.
(4) such medical examination or medical treatment is undertaken under direction and presence of police.
54. Under the Code of Criminal Procedure, 1973, security for good behaviour from the persons disseminating seditious matters can be demanded by:
(2) Chief Judicial Magistrate
(3) Sessions Judge
(4) Executive Magistrate.
55. Which of the following statement in respect of Section 320 of Code of Criminal Procedure, 1973 is not correct?
(2) No offence shall be compounded if the accused is, by reason of previous conviction , liable to enhanced punishment
(3) When an appeal is pending, no composition for the offence shall be allowed without the leave of the appellate court
(4) The person competent to compound an offence is dead, the legal representative of such person may, with the consent of the court, compound such offence
56. How many fundamental principles are provided in section 3 of The Juvenile Justice (Care and Protection of Children) Act, 2015?
(2) 14
(3) 16
(4) 18
57. Under Indian Penal Code, 1860 when the imprisonment awarded for confinement shall exceed three months, the solitary confinement shall not exceed ________ in any one month of the whole imprisonment awarded.
(2) fourteen days
(3) fifteen days
(4) ten days
58. For the purposes of Section 23 of The Protection of Children from Sexual Offences Act, 2012 which among the following is not correct?
(2) The publisher or the owner of the media shall be jointly and severally liable for the acts and omissions of his employee.
(3) On contravention of the provisions of subsection (1) or (2) of Section 23, the accused shall be liable to be punished with imprisonment of either description for a period which shall not be less than 1 year but which may extend to 2 years or with fine or with both.
(4) None of the above option
59. Which statement with reference to Section 101 of The Juvenile Justice (Care and Protection of Children) Act, 2015, is wrong?
(2) A second appeal shall lie from any order of the Court of Sessions, passed in appeal under Section 101(2) before the High Court.
(3) Any person aggrieved by an order of the Children’s Court may file an appeal before the High Court
(4) No appeal shall lie from any order made by a committee in respect of finding that a person is not a child in need of care and protection
60. For the purpose of Section 363A of IPC, 1860, ‘Minor’ means:-
(2) A person under 21 years of age
(3) A female under 18 years of age
(4) A male under 18 years of age
61. Under Section 13 of Indian Penal Code, 1860 definition of ‘Queen’ was repealed by:-
(2) Adaptation Order 1950
(3) Adaptation Order 1938
(4) Adaptation Order 1951
62. Under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, in the constitution of ‘Internal Complaints Committee’ at least __________ of the total members so nominated shall be women.
(2) One- third
(3) One- half
(4) Two- third
63. ‘A’, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Work done by ‘A’ comes under which General Exception of Indian Penal Code, 1860?
(2) Act done by person believing himself justified by law.
(3) Accident in doing a lawful act.
(4) Act likely to cause harm, but done without criminal intent.
64. Which provision of the Code of Criminal Procedure, 1973 deals with identification of person arrested?
(2) Section 54
(3) Section 54A
(4) Section 55A
65. Under Section 65 of the Indian Penal Code, 1860 the term for which the court directs the offender to be imprisoned in default of payment of a fine shall:-
(2) not exceed one- third o the term of imprisonment which is the maximum fixed for the offence.
(3) not exceed half of the term of imprisonment which is the maximum fixed for the offence
(4) None of the above option
66. Under Section 41 of the Code of Criminal Procedure, 1973, whom among the followings, Police cannot arrest without warrant?
(2) who commits in presence of a police officer, a cognizable offence
(3) who commits in presence of a Magistrate, a non cognizable offence
(4) None of the above option
67. Section 143 to 147 of the Negotiable Instruments Act, 1881 came into force on:-
(2) 6 February 2003
(3) 1 April 2002
(4) 1 April 2003
68. “Being in possession of false weight or measure” is a punishable offence:-
(2) under section 265 of IPC
(3) under section 266 of IPC
(4) under section 267 of IPC
69. ‘A’ is tried for the murder of ‘B’ by intentionally shooting him dead. In trial, the irrelevant fact is:-
(2) ‘A’ on other occasions shot at ‘B’.
(3) Both (1) & (2) are irrelevant.
(4) Both (1) and (2) are not irrelevant
70. The judgment passed by Hon’ble Supreme Court in Hardeep Singh v. State of Punjab (2014) 3 SCC 92, deals with:-
(2) Section 41 of the Code of Criminal Procedure, 1973
(3) Section 313 of the Code of Criminal Procedure, 1973
(4) Section 319 of the Code of Criminal procedure, 1973
Answers
| Question No. | Answer | Question No. | Answer |
|---|---|---|---|
| 1 | (3) | 36 | (1) |
| 2 | (3) | 37 | (3) |
| 3 | (1) | 38 | (2) |
| 4 | (3) | 39 | (2) |
| 5 | (3) | 40 | (4) |
| 6 | (4) | 41 | (4) |
| 7 | (1) | 42 | (1) |
| 8 | (2) | 43 | (1) |
| 9 | (2) | 44 | (1) |
| 10 | (4) | 45 | (3) |
| 11 | (3) | 46 | (4) |
| 12 | (1) | 47 | (2) |
| 13 | (4) | 48 | (1) |
| 14 | (3) | 49 | (3) |
| 15 | (4) | 50 | (3) |
| 16 | (2) | 51 | (3) |
| 17 | (4) | 52 | (1) |
| 18 | (1) | 53 | (3) |
| 19 | (1) | 54 | (4) |
| 20 | (2) | 55 | (1) |
| 21 | (3) | 56 | (3) |
| 22 | (3) | 57 | (1) |
| 23 | (4) | 58 | (3) |
| 24 | (4) | 59 | (2) |
| 25 | (2) | 60 | (3) |
| 26 | (3) | 61 | (2) |
| 27 | (1) | 62 | (3) |
| 28 | (4) | 63 | (1) |
| 29 | (3) | 64 | (3) |
| 30 | (2) | 65 | (1) |
| 31 | (2) | 66 | (2) |
| 32 | (3) | 67 | (2) |
| 33 | (1) | 68 | (3) |
| 34 | (1) | 69 | (1) |
| 35 | (4) | 70 | (4) |
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