Delhi Judicial Services Prelims 2018 Question Paper

1. Which of the following acts constitute the commissioning of theft;

‘C finds a necklace in the bedroom of ‘D’, and ‘C’ retains that necklace.

‘C finds the necklace of ‘D’ on the road and keepsit.

‘C’ buys necklace from‘E’ and subsequently learns that ‘E’ had stolen it from ‘D’.

‘C’isgiven the necklace by ‘D’ for safekeeping, but ‘C’ wears the necklace and drops and looses it.

Explanation:

{a) Illustration (f) of section 378 of IPC 1860 deals with similar concept. In the asked question option (a) is related to commission of the offence of
theft. Option (b) is not related to theft because the elements dishonestly and out of possession are missing. In option (c} the essential element
dishonest taking is missing. In option (d) out of possession and dishonest intention are missing.

2. A private person

Cannot arrest an accused

‘Can arrest any person who in his presence commits a non- bailable and cognizable offence in the absence of a police officer.

Canarrest a person if he sees him running away from the crime spot where an offence has been committed.

Camarrest any person suspected of committing an offence

3. Every police officer on making arrest has to forthwith give information regarding such arrest and the place from where the person was arrested:

To the Magistrate of the area

Tothe complainant/victim

To the friend, relative or such other person disclosed or nominated by the arrested person.

It is not necessary to inform anyone but the person arrested must be informed about the grounds

4. The ‘right of audience’ under the Indian Constitution given to the Attorney General of India in the performance of his/her dutiesisthe — right
relating to:

Povearancein courts

Appearance before the House of Parliament

Appearance before the cabinet for legal issues

Appearance before the President of India

5. Etymologically the word “Ombudsman” means:

Arbitrator

Regular

Representative

Head of the organization

6. In International Law, the term “erga omnes” obligation refer to:

Obligations that States have towards the international community as a whole

Obligations that International Organizations have towards each other

Obligations that a State has with regard to its people

Obligations that 4 State has towards an enemy state

7. Match List-| with List-Il and select the correct answer using the codes given below the lists;

List-| List-II

I. Alternative dispute (a) Unni Krishnan’s case resolution

Il. Rights to education (b) Afcons Infrastructure Ltd’s case

Ill. Right against self {c) Sunil Batra’s case incrimination

IV. Solitary confinement (d) Nandini Satpathy’s

I-B, II-D, III-A, IV-C

I-B, II-D, III-C, IV-A

I-D, II-B, III-C, IV-A

I-B, II-A, III-D, IV-C

8. The maxim ‘de minimis non curat lex’ is the foundation of which general exception under Chapter IV of the Indian Penal Code?

Act causing slight harm

Act of child under seven years of age

Act of child above seven and under twelve of immature understanding

Accident in doing a lawful act

9. The defence of intoxication is not available:

Where the person is incapable of knowing the nature of the act

‘Where the intoxication is voluntary

Where the person is incapable of knowing that what heis doing in wrong.

Where the person is incapable of knowing that what he is doing is contrary to law

10. ‘A who is abducted by “B’ is forced by the threat of instant death by ‘B’ who is heavily armed to use his (i.e. A’s) skills as a smith to force open the door of a house in order to enable ‘B’ to commit robbery. ‘A’ has committed:

Housekeeping

House trespass

Rebbery

No offence

11. ‘A whois 19 years of age instigates his sister ‘B’ whois 6 years of age to pick the pocket of a co-passenger. As soon as ‘B’ slips the purse of the co-passenger in her school bag she is caught. However, when the purse is opened, it is found to be empty. In this case which one of the following
statements is correct:

‘A and ‘B’ have committed no offence

‘A’/has committed to offence while ‘B’ has committed theft

‘A has committed an offence and ‘B’ has abetted the same

B does not commit any offence and ‘4’is guilty of abetment

12. Section 303 Indian Penal Code was struck down as unconstitutional by the Supreme Court in the case of:

Bachan Singh vs. State of Punjab

Mithu vs. state of Punjab

Brij Mohan vs. State of Rajasthan

Machhi Singh vs. State of Punjab

13. ‘A. a government servant removed a file from his colleague’s office to his house, made it available to an outsider and then returned it back to the office the same day in the evening. ‘A’ is guilty of which of the following offence:

Criminal misappropriation of property

Theft

Criminal breach of trust

None of the above

14. On death of a partner, in absence of any term to the contrary, a partnership firm is dissolved:

Where the Will of deceased partner states that the partnership will be dissolved

When last of the erstwhile partner dies

When there were only two partners and one dies

When a minor admitted to benefit of partnership dies

15. A partnership firm not registered with the Registrar of Firms under the Indian Partnership Act,

File a suit to enforce contractual rights with a third person.

File a suit based on common law rights

File a suit for recovery of money under an agreement under Order XXX of the Code of Civil Procedure, 1908

File all types of civil suit which have merit

16. A minor acting through the guardian;

Can be inducted as partner of a firm

Can be admitted to the benefit of partnership with personal liability

Can be admitted to the benefit of partnership without personal liability

Cannot be admitted to benefit of partnership

17. Decree for specific performance for movable property can be granted;

Incase the seller fails to supply the goods

When the goods are not available with the seller, but the equivalent are available with third persons

When the plaintiff sues for a 50 years old painting

Where movable property has been destroyed

18. A and B orally settled a dispute with the help of C. This oral settlement is;

An award under the Arbitration and Conciliation Act, 1996

An agreement under the Contract Act

Not an agreement under the Contract Act, as it is not in writing

A conciliation agreement within the meaning of Arbitration and Conciliation Act, 1996

19. Under the Arbitration and Conciliation Act, 1996, Arbitration Tribunal may direct payment of interest;

Forward whole or part of the period from the date of cause of action till award, but not for the period post the award

For whole or part of the period from the date of cause of action till payment is made

For the period post the award only when the arbitration clause specifically states that interest shall be awarded,

Arbitration Tribunal cannot award interest and only Court can direct and award interest

20. Secondary evidence cannot be led:

When original is in the possession of the other party

Original is of such nature that it is not easily movable

When original is in possession of the person who is out of reach and not subject to processes of the court.

When original is in possession of the person who wants ta adduce secondary evidence