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Rajasthan Judiciary Service (R.J.S.) Exam 2011. Solved Model Test Paper

1.If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed to the conunter claim:-
(a) Shall be stayed
(b) Nevertheless be proceeded with
(c) May be continued with the leave of High court
(d) No specific provision

2.Where the decree is for the payment of sum of money exceeding one thousand rupees the period of civil prison :-
(a) Shall not exceed three months
(b) Shall not exceed six months
(c) Shall not exceed nine months
(d) Shall not exceed one year * Now five thousand rupees, subs by Act 46 of 1999 for the words "One thousand rupees"

3.Who among the following is not entitled to exemption from personal appearance in the court: -
(a) Former Indian Ruler
(b) Chairman of the state legislative counncils
(c) The ministers of States
(d) Collector

4.Caveat shall not remain in force after expirty of :-
(a) Ninety days
(b) Sixty days
(c) Thirty days
(d) Fifteen days

5.If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of court:-
(a) Fifteen days
(b) Fourteen days
(c) Twenty days
(d) Thirty days

6.Where the plaint has been rejected the plaintiff on the same cause of action:-
(a) May present a fresh suit
(b) Cannot present a fresh suit
(c) May present a fresh suit with the leave of High court
(d) None of the above

7.Where the suit is dismissed under rule 2 or 3 or order 9 CP.C.thepIaintiff:-
(a) May bring a fresh suit subject to law of limitation
(b) Cannot bring a fresh suit
(c) May bring a fresh suit with the leave of High court
(d) May bring a fresh suit with the leave of District Judge

8.In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite court's order:-
(a) Where the prisoner is related to Ruling Party
(b) Where the prisoner is Ex-Minister
(c) Where the prisoner is Government Servant
(d) Where the Medical officer has certified the prisoner is unfit to be removed by the reason of sickness
9.Where any property has been attached in execution of decree and the court, for any reason passes an order dismissing the execution application but omits to give any direction as to attachment:-
(a) Attachment shall be deemed to have ceased
(b) Attachment shall cease after three months
(c) Attachment shall cease after six months
(d) Attachment shall cease after one year.

10.Where any party dies after conclusion and before pronouncing of Judgement:-
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It will be deemed that judgement has been pronouced after death of a party

11.Where a decree of compromise which was not lawful, there :-
(a) Suit shall lie to set aside such decree
(b) Complaint has to made to High court
(c) No suit shall lie to set aside such decree
(d) Suit may lie to set aside such decree with the leave of District Judge

12.Where an indigent person succeeds the court fee shall be recovered:-
(a) From Ihc defendant
(b) From the State Govcrnmemt
(c) Not recoverable
(d) From the Plaintiff

13.An Attachment made before judgement in a suit which is dismissed for default:-

(a) Shall not become revived merely by reason of the fact the order for dismissal of the suit or default has Ixvi i set aside,
(b) Shall become revived merely on the basis of restoration of suit
(c) Shall become revived on the order of AppellnU' Court
(d) Shall become revived on the order of High Court.

14.If the offence be punishable with fine only and accused has been awarded with fifty rupees fine the the period of imprisonmant in default shall:-
(a) Not exceeding one month
(b) Not exceeding two month
(c) Not exceeding three month
(d) Not exceeding four month

15.A instigates B to give false evidence here, if B does not give false evidence what offence A has committed :-
(a) A is guilty of no offence
(b) Attempt to give false evidence
(c) Offence punishable with imprisonment of any description provided for that offence for a term which nuiy extend to one-fourth par! of the longest term provided for that offence and with fine
(d) None of the above

16.What punishment is provided for Dowry death:-
(a) Not loss than three years
(b) Not less than five years
(c) Not less than seven years and in rare circumstances may extent to death sentence
(d) Not less than seven years but which may extend to imprisonment for life

17.Which is not the stolen property :-
(a) Possession whereof was obtained by cheating
(b) Possession whereof was obtained by robbery
(c) Possession whereof was obtained by dacoity
(d) Possession whereof was obtained by criminal breach of trust

18.A Police officer arrested and detained a person in the lockup despite production of a bail order from the court Police officer is guilty of :-
(a) Wrongful restrain
(b) Wrongful confinement
(c) abduction
(d) Kidnapping

19.What must be the age of a minor with regard to the offence of kidnapping:-
(a) Sixteen years
(b) Eighteen years
(c) Under sixteen years of age, if a male and under eighteen years of age, if a female
(d) Under twenty years of age, if a male and under eighteen years of age, if a female

20.What is not correct about 'Rape':-
(a) Consent is immaterial if she is under 16 years of age
(b) Penetration is sufficient
(c) Intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape
(d) Death penalty may be awarded

21.'A' threatens to publish a defamatory libel concerning 'B' unless 'B' gives him money. He thus induces 'B' to give him money. 'A' has commit-ted:-

(a) Extortion
(b) Defamation
(c) Criminal intimidation
(d) Robbery

22.What is the offence prepatation whereof is also punishable:-
(a) Theft
(b) Dacoity
(c) Murder
(d) Rape

23.A makes an attempt to pick the pocket of B by thrusting his hand into B's pocket. A fails in the attempt in consequence of B's having nothing in his pocket. A is guilty of :-
(a) No offence
(b) Theft
(c) Attempt to theft
(d) Using criminal force

24.A Voluntarily throws into a river a a ring belonging to B with intention thereby causing wrongful loss to B, A has committed:-
(a) Theft
(b) Extortion
(c) Robbery
(d) Mischief

25.What punishment may be awarded to the person whose act is covered under general exceptions:-
(a) No punishment
(b) Half of the punishment prescribed for that offence
(c) One fourth of the punishment prescribed for that offence
(d) Depends upon discretion of the court.

26.What sentence an Assistant Session Judge may award:-
(a) Life imprisonment
(b) Any sentence authorised by law except a sentence of imprisonment for life or of imprisonment for a term exceeding ten years
(c) Upto fourteen years
(d) Upto twenty years

27.A person arrested by a ploice officer may be kept in custody for :-
(a) Two days
(b) Three days
(c) Twenty four hours
(d) One week

28.Now how much amount of monthly maintenance may be awarded in favour of a wife under section 125 of Cr.P.C.:-
(a) Three hundred rupees
(b) Four hundred rupees
(c) Five hundred rupees
(d) Three thousand rupees

29.In a first information an offence is cognizable and other is non-congnizable the whole case shall be deemed to be:-
(a) Conizable
(b) Non-conizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summon case

30.What is true about Court of Session :-
(a) It can take cognizance without commitment
(b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put by the Superintendent of Police

31.No person shall be appointed as a Public Prosecutor for the District unless his name appears in the panel of names prepared by :-
(a) Session Judge
(b) High court
(c) District Magistrate
(d) Superintendent of Police




32.How much punishment may be awarded to an accused who is found guilty under a summary trial :-
(a) Not exceeding two years
(b) Not exceeding one years
(c) Not exceeding six months,
(d) Not exceeding three months

33.Whether an accused may be a comptent witness in his own defence :-
(a) If he applies in writing on his own request.
(b) No
(c) With the leave of Court of Session
(d) With the leave of High Court

34.Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to:-
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station


35.In one trial A is awarded with the sentence which is not appealable whereas sentence againt B is appealable, Whether A can file an appeal against his sentense :-
(a) No
(b) Only with special leave
(c) Yes
(d) There is no such provision


36.If in a criminal appeal an accused dies and his near relatives wish to continue the appeal then within how much period they must apply:-
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days

37.When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction:-
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

38.What is effect of trial conducted in wrong place :-
(a) Vitiated ifself
(b) Vitiated if caused failure of justice
(c) Seriousness has to be seen
(d) Is to be referred to High court

39.When will proceeding be vitiated if the Magistrate is not empowered to do so:-
(a) To issue a search warrant undre section 94 of Cr.P.C.
(b) To hold an inquest under section 176 of Cr.P.C.
(c) Tries an offender Summar-ily
(d) To tender a pardon under section 306 of Cr.P.C.

40.The question is, Whether 'A1 was ravished and therafter murdered? The fact that without making a complaint, she said that she had been ravished :-
(a) Is relevant as a conduct
(b) Is relevant as a substantive evidence
(c) Is relevant as a secondary evidence
(d) May be relevant under section 32(1) or 157 of Evidence Act

41.A relevant confession will become irrelevantwhen :-

(a) Made to a police Officer
(b) Made under a promise of secrecy
(c) When the accused was drunk
(d) In consequence of a deception practised on the accused

42.Admissions are :-
(a) Conclusive proof
(b) May operate as estoppels
(c) Always irrelevant
(d) None of the above


43.A agrees, in writing to sell a horse to B for Rs. 1000 or Rs. 1500. To show which price was to be given:-
(a) Oral evidence can be given
(b) Antecedents of the parties are to be seen
(c) Oral evidence cannot be given
(d) None of the above

44.A is chagred with travelling on a railway without a ticket. The burden of proving that A had a ticked is on :-
(a) Ticket Checker
(b) Railway
(c) A
(d) Prosecution

45.What is provision about an Accomplice :-
(a) He is not a competent witness
(b) His evidence is irrelvant
(c) His evidence should be belived blindly
(d) His evidence is relevant under section 114 and 13 3 of Evidence Act

46.What number of witnesses will be required for the proof of any fact :-

(a) No particular number
(b) At least one eye-witness
(c) Two witnesses with regard to documents
(d) One party and one witness

47.Leading question :-
(a) May be asked in examination in chief
(b) May be asked in cross examination
(c) May be asked in re-examination
(d) Cannot be asked in any circumastances

48.Which is not the main principle that underlines the law of evidence :-
(a) Evidence must be confined to the matter in issue
(b) Hearsay evidence must not be admitted
(c) Hearsay evidence must be admitted
(d) The best evidence must be given in all cases

49.A witness was asked whether he was not dismissed from a post for dishonesty. He denies it :-
(a) The evidence is admissible if it comes from plantiff's side
(b) The evidence is admissible if it comes defendant side
(c) The evidence is admissiable
(d) The evidence is inadmissible


50.When a party refuses to produce a document which he had notice to produce :-
(a) He cannot use the document as .evidence without the consent of opposite party or the order of the court
(b) Objection of opposite is worthless
(c) Order of court not necessary
(d) Document will be deemed to be an admitted document.

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