Law Assistant & Chief Law Asst. Departmental Exam
[Out of the
alternatives, in order of preference, the correct answer, nearest correct
answer or more appropriate right answer to be selected]
- Before 1997, an appeal against the order
of CAT had to be filed before:
a)
High Court
b)
Principal Bench
c)
Supreme Court
d)
None.
- Limitation prescribed under AT Act, for
filing case before CAT is
a)
six months
b)
One year
c)
one year six months
d)
three years.
- An aggrieved employee, after submitting
representation to Rly. Admn. Has to normally wait for _____________ before
filing case before CAT.
a)
six months
b)
One year
c)
two years
d)
three years
- Sexual
harassment of women at working place has been included in the conduct
rules as Rule 3C. This has been included after the judgement of Supreme
Court in:
a) Indira Sawaney
b) Vishaka Vs.State of Rajasthan
c) Shabano’s case
d) none of the above
- Appointing
authority in relation to a Railway Servant means:
a) an authority who actually appointed him
b) equal or higher authority empowered to make
appointments to the post
c) any other authority
d) a&b only
- RS (D&A)
Rules are not applicable to:
a) any member of All India Services
b) RPF personnel
c) any person in casual employment
d) all of the above.
- Which of the
following not amounts to penalty:
a) Discharge of Railway servant for inefficiency due
to failure to confirm to the requisite standard of physical fitness
b) Discharge of Railway servant on reduction of the
establishment
c) Both a &b
d) None of the above.
- Report of fact finding enquiry when to be
supplied to charged employee:
a)
Always
b)
Not necessary
c)
When it is a listed document
d)
None of the above
- Under
rules who can not act as Defense Helper:
a)
Railway servant of lower rank
b)
An Advocate
c)
Law Asst
d)
All the above persons
- In how many enquiries a retired railway
employee can participate simultaneously as defense helper:
a)
One
b)
Three
c)
Five
d) Seven
- If additional documents are requested to
be produced by the CE, IO:
a)
Shall allow them
b)
May agree if department has no objection
c)
Shall permit if he feels relevant
d)
Shall refer it to DA
- When a prosecution witness is declared as
hostile witness, the IO:
a)
Can drop him
b)
Can cross examine him
c)
Can ask him not to attend the enquiry
d)
None of the above
- While holding enquiry, who have to fix the
date, time & venue and inform the Charged employee:
a)
Inquiry officer
b)
Disciplinary authority
c)
presenting officer
d)
Confidential section of the dept.
- If the charged employee is illiterate, who
has to explain him the charges during preliminary enquiry:
a)
CE has to arrange for it on his own
b)
Inquiry Officer
c)
Defense helper
d)
None of the above
- Inquiry into the truth of any imputation
of misconduct or misbehaviour against a railway servant is conducted under
which rule of D&A rules 1968:
a)
Rule 8
b)
Rule 9
c)
Rule 10
d)
Rule 11
- The President of India makes rules in
exercise of the powers conferred by the proviso of which Article of the
Constitution:
a)
Article 308
b)
Article 309
c)
Article 310
d)
Article 311
- Inquiry Officer can delegate his functions
to:
a)
Disciplinary authority
b)
Defence helper
c)
Presenting officer
d)
He cannot delegate
- D&A rules are applicable to the
following persons only:
a)
RPF personnel
b)
Persons in casual employment
c)
Every railway servant
d)
All of the above
- Inquiry Officer’s findings are binding on:
a)
Charged employee
b)
Disciplinary authority
c)
Appellate authority
d)
None of the above
- When an Inquiry officer is replaced by
another, the new IO has to proceed:
a)
Afresh
b)
From the stage left by the earlier IO
c)
From the stage ordered by DA
d)
From a stage considered just and proper by IO
- Order passed by the Inquiring authority in
the course of an enquiry is:
a)Appealable
b)
Not appealable
c)
Appeal lies to DA
d)
Appeal lies to RA
- During enquiry, who can allow additional
defence documents/witnesses:
a)
DA
b)
Inquiry Officer
c)
Presenting officer
d)
All of the above
- Where Inquiry Officer shall conduct
Enquiry:
a)
At his home
b)
At official premises
c)
At any place chosen by charged employee
d)
None of the above
- Who is competent to change IO when bias is
alleged against him:
a)
Disciplinary authority
b)
Appointing authority
c)
Revising authority
d)
Any of the above
- Standard of proof required in departmental
enquiry:
a)
As applicable in civil rules (CPC)
b)
As applicable in Criminal rules (Cr PC)
c)
Preponderance of probability
d)
None of the above
- Inquiry Officer shall submit his enquiry
report to:
a)
Defense helper
b)
Charged employee
c)
Revising authority
d)
Disciplinary authority
- Which of the following are the ingredients
of a decree:
a)
There must be adjudication
b)
Such adjudication is given in a suit
c)
Determination of rights of the parties
d)
All of the above
- An order means :
a)
Formal expression of any civil court
b)
It is not a decree
c)
a & b
d)
None of the above
- Decree holder means:
a)
Any person in whose favour a decree has been passed
b)
Any person against whom a decree has been passed
c)
a &b
d)
None of the above
- Judgement debtor means:
a)
Any person in whose favour a decree has been passed
b)
Any person against whom a decree has been passed
c)
a &b
d)
None of the above
- A, residing in
a)
b)
Kolkotta
c)
Either a or b
d)
At any place in
- Pleadings should state :
a)
Facts but not law
b)
No evidence
c)
a & b
d)
None of the above
- An ex parte decree means :
a)
Decree passed in the absence of the defendant
b)
Decree passed in the absence of the plaintiff
c)
Decree passed in the absence of both the parties
d) None of the above
- Sec 60 of CPC deals with:
a)
Attachment of property
b)
Auction of buildings
c)
Declaring a person pauper
d)
None of the above
- Which of the following are liable for
attachment under Sec 60:
a)
Pension
b)
Gratuity
c)
Moiety calculated under the Act
d)
None of the above
- Garnishee means :
a)
Judgement debtor
b)
Decree holder
c)
Judgement debtor’s debtor
d)
None of the above
- In execution of a decree, the following
properties are not liable to attachment:
a)
Tools of artisans
b)
Necessary cooking utencils
c)
Stipends and gratuities allowed to pensioners
d)
All of the above
- When suits are filed by or against the
government, the authority to be named as plaintiff or defendant, as the
case may be, in the case of Central government shall be:
a)
Union of
b)
Designation of the authority
c)
Name of the authority
d)
Any of the above
- When a suit is filed against railway,
notice in writing under Sec 80 shall be delivered on:
a)
General Manager
b)
Divisional Railway Manager
c)
Officer concerned
d)
None of the above
- No suit shall be instituted against
Central Government unless a notice in writing is delivered. Which Section
of CPC deals with this embargo:
a)
Section 60
b)
Sec 79
c)
Sec 80
d)
Sec 85
- Under Sec 80 of CPC no suit shall be
instituted unless a notice in writing is delivered until the expiry of
____ months.
a)
One
b)
Two
c)
Three
d)
Four
- Without notice to the Central Government
under Sec 80:
a)
No suit can be filed
b)
Suit can be filed with the leave of the court
c)
Notice is not required to file suit
d)
None of the above
- Exemption from arrest and personal
appearance of a public officer in respect of any act purporting to be done
by him in his official capacity is provided in CPC under:
a)
Sec 80
b)
Sec 81
c)
Sec 85
d)
None of the above
- Under Sec 82 of CPC, execution of decree
against Union of India shall not be issued unless it remained unsatisfied
for a period of ________ months from the date of decree:
a)
One month
b)
One and half
c)
Two months
d) Three months
- An appeal may lie against original decree
passed:
a)
Ex parte
b)
In a consent decree
c)
Both a & b
d)
None of the above
- Against orders passed in appeal on a
decree, second appeal lies to High Court if:
a) A substantial question of law is involved
b)
There is question of merit
c) Both a & b
d)
None of the above
- No second appeal lies from any decree,
when the subject matter of the original suit is for recovery of money not
exceeding rupees :
a)
Ten thousand
b)
Twenty five thousand
c)
Fifty thousand
d)
Five thousand
- A review
by any aggrieved person can be filed against a decree or order
when:
a)
He filed an appeal
b)
Though appeal is available but he did not prefer appeal
c)
There is typographical error
d)
None of the above
- A review
of order of principal munsiff court can be filed before :
a)
Same court which passed the decree
b)
Dist. court
c)
High Court
d)
Supreme Court
- Caveat can be filed before the court in a
suit or proceeding instituted or about to be instituted. Such caveat shall
remain in force for a period of:
a)
30 days
b)
60 days
c)
90 days
d)
120 days.
- Under which section of CPC, inherent
powers of courts can be exercised to pass orders to meet the ends of
justice:
a)
Sec 150
b)
Sec 151
c)
Sec 152
d)
Sec 136
- A court has jurisdiction to correct any
clerical or arithmetical mistakes in judgements or orders or errors from
any accidental slip or omission. This may be done:
a)
On its own motion
b)
On the application by any of the parties
c)
In both situations
d)
Only in b
- Execution Petition can be filed to execute
a decree against government before completion of _____ years from the date
of decree.
[a]
1 year
[b]
3 years
[c]
5 years
[d]
12 years.
- A money suit by Govt. arising out of a
contract can be filed with in _____ years from the date of cause of action
arose.
[a]
3 years
[b]
5 years
c]
12 years
d]
30 years.
- As per
the Rly. Act 1989 “Rly Admn” in relation to a Govt. Rly. Means:
[a]
Ministry of Rlys.
[b]
DRM
[c]
GM
[d]
Chairman Rly. Bd.
- Punitive charges are levied when:
a)
Goods not removed from Rly. Premises.
b)
Detention of rolling stock
c)
Irregular Travelling detected
d)
Wagons are over loaded
- Wharfage Charges are levied for :
a)
Goods not removed from Rly. Premises.
b)
Detention of rolling stock
c)
Irregular Travelling
d)
Over loading of wagon
- Demurrage Charges are levied for :
a)
Not removing goods from Rly. Premises.
b)
Detention of rolling stock
c)
Irregular Travelling
d)
Over loading of wagon
- Excess charges are levied for:
a)
Goods not removed from Rly. Premises.
b)
Detention of rolling stock
c)
Irregular Travelling
d)
Over loading of wagon
- Maximum carrying
capacity of wagons and trucks shall be fixed under Sec. 72 [1] of Rlys Act
by:
[a] General Manager
b) Railway board
[c] Central Govt.
[d] State Govt.
- According which
section of Rly. Act, the property in the consignment covered by a railway
receipt shall pass to the consignee or the endorsee.
[a] 73
[b] 74
[c] 75
[d] None.
- Maximum carrying
capacity of wagons and trucks shall be fixed under Sec. 72 [1] of Rlys Act
by:
[a] General Manager
b) Railway Board
[c] Central Govt.
[d] State Govt.
- Where a person
loads goods in a wagon beyond its permissible carrying capacity as
exhibited, Rly. Admn. may recover:
[a] Extra charges
[b] Damages from consignee
[c] Charges
by way of penalty form the consignor, the consignee or the endorsee, as the
case may be
[d] a& b
- According which
section of Rly. Act, the property in the consignment covered by a railway
receipt shall pass to the consignee or the endorsee.
[a] 73
[b] 74
[c] 75
[d] None.
- The liability of
Railway Administration for any loss, destruction, deterioration,
non-delivery of goods carried at owners risk rate is prescribed under
Sec____ of Railways Act:
[a] 94
[b] 95
[c] 96
[d] 97
- Responsibility
of a Railway Administration after termination of transit is governed by
Sec_________ of Railways Act.
[a] 99
[b] 98
[c] 97
[d] 96
- Exceptions to
General responsibility of a Railway Administration as carrier of goods are
enumerated under Sec:
[a] 91
[b] 92
[c] 93
[d] 94
- When any goods
entrusted to a Railway Administration for carriage are in a defective
conditions as a consequence of which they are liable to damage,
deterioration, leakage, wastage, Rlys liability is governed by Sec.
[a] 96
[b] 97
[c] 98
[d] 99
- The
responsibility of Railway Administration for the loss, destruction,
damage, deterioration or non-delivery of any luggage shall be in accordance
with Sec.
[a] 98
[b] 100
[c] 99
[d] 97
- Responsibility
of a Railway administration for the loss, destruction, damage,
deterioration or non-delivery of any consignment due to false description
of the consignment is determined under Sec.
[a] 99
[b] 100
[c] 101
[d] 102
- Where any
consignment is entrusted to a railway Administration for carriage by
railway and the value of such consignment has not been declared, the
amount of liability shall be fixed with reference to its weight as laid down
under Sec:
[a] 100
[b] 101
[c] 102
[d] 103
- Where any goods,
which under ordinary circumstances, would be carried in covered wagon and
would be liable to damage if carried otherwise, are carried in open wagon
with the consent of the consigner then the liability shall be as per Sec:
[a] 104
[b] 103
[c] 102
[d] 101
- A person shall
not be entitled to claim compensation against railway Administration for
the loss, destruction etc., of goods carried by Railway unless a notice
there of is served by him as prescribed under Sec:
[a] 102
[b] 104
[c] 106
[d] 101
- Notice of claim
for compensation and refund of overcharge has to be served to the railway
Administration within a period of six months from the date of:
[a] Booking of consignment
[b] Loading of consignment
[c] Submission of forwarding note
[d] Entrustment of goods.
- Notice of claim
for compensation and refund of overcharge has to be served on the railway
Administration from the date of entrustment of goods within a period of:
[a] Three months
[b] Six months
[c] One year
[d] Three years.
- Compensation for
the loss, destruction, damage, deterioration non-delivery of goods is
payable to:
[a] Consignee
[b] Endorsee possessing RR
[c] a or b
[d] None of the above
- In any application
before claims tribunal for compensation for loss, destruction, damage,
deterioration or non-delivery of goods, the burden of proving the monetary
loss actually sustained shall be in accordance with Sec.
[a] 108
[b] 109
[c] 110
[d] None
- In an application
before claims tribunal for compensation for loss, destruction, damage,
deterioration or non-delivery of goods, the burden of proving the monetary
loss actually sustained shall lie on:
[a] Consigner
[b] Consignee
[c] Endorsee
[d] Person claiming compensation.
- Which of the following is not dependent as
defined under Sec. 123 of the Act:
[a]
Unmarried sister
[b]
Widowed sister
[c]
Widowed daughter-in-law
[d]
Widowed mother-in-law.
- Who are dependents as per Sec. 123 of Act:
[a]
Son’s son
[b]
Daughter’s daughter
[c]
Daughter’s son
[d]
Description not sufficient .
- Central Govt. have the power to make rules
with respect to compensation payable for death as well as injuries under
the Sec.
[a]
129
[b]
128
[c]
127
[d]
126
- A railway servant where employment is
essentially intermittent shall not be employed for more than ___________
hours in a week.
[a]
72
[b]
75
[c] 76
[d]
78
- A railway servant whose employment is
continuous shall not be employed for more than _________ has in a week on
a two-weeks period of fourteen days.
[a]
64
[b] 54
[c]
74
[d]
None
- A railway servant whose employment is
intensive shall not be employed for more than ___ hours in a week on an
average in a two-weekly period of fourteen days.
a) 45
[b] 54
[c] 64
[d] 72
- Penalty for making a false statement in an
application for compensation is prescribed under Sec:
[a]
148
[b]
149
[c]
150
[d]
151
- Which of the following is an attempt to
wreck a train if a person:
[a]
Takes up, removes, looses or displaces any rail or sleeper belonging to any
railway.
[b]
Makes or shows or hides or removes any signal or light upon or near to any
railway
[c]
Puts or throws upon or across any railway any wood, stone or other matter or
thing
[d]
All the above.
- Endangering safety of persons traveling by
willful act or omission is an offence according to:
[a]
Sec. 152
[b]
Sec. 153
[c] Sec. 154
[d]
Sec. 155
- Penalty for intoxication under Sec. 172 of
Railways Act is prescribed for:
[a]
Railway servant
[b] Any person
[c]
Traveling public
[d]
None
- Which section of Rlys Act restricts
execution of railway property such as rolling stock, machinery, plant,
tools etc., in a decree or order of any court:
[a]
185
[b] 186
[c] 187
[d]
188
- As per Sec. 192 of Rlys Act, any notice or
other document required by Railways Act to be served on a Railway
Administration may be served in the case of a Zonal Railway, or the
General Manager:
[a]
By delivering to him
[b]
By leaving it at his office
c]
By regd. Post to his office address
[d]
Either a, b or c
- As per Sec. 126 of Railways Act, interim
relief to the persons who are injured in a train accident can be paid by:
[a]
RCT
[b]
Railway Administration
[c]
DRM under whose jurisdiction accident occurred
[d]
None of the above.
- Which of the following comes under the
definition of consumer:
a)
A person who buys any goods for own consumption
b)
A person who buys goods for commercial purpose
c)
Any organisation which buys goods for resale
d)
All of the above
- A complainant means:
a)
A consumer
b)
A voluntary consumer organisation
c)
A Central or State government which makes a complaint
d)
All of the above
- An Appeal against the order of Dist. Forum
can be preferred to State Commission within a period of …….. from the date
of the order.
[a]
30 days
[b]
60 days
[c]
90 days
[d]
45 days
- Dist. Forum shall have jurisdiction to
entertain complaints where the value of the goods or services and the
compensation of any does not exceed rupees:
[a]
5 lakhs
[b]
20 lakhs
c)
21 lakhs
d)
25 lakhs
- An appeal against the order of State
Commission can be preferred to National Commission with in a period of
……days from the date of the order.
[a]
45
[b]
90
[c]
60
[d]
30
- National Commission shall have the
jurisdiction to entertain complaint where the value of the goods or
services and compensation, if any, claimed exceed ……..:
[a]
Rs. 50 lakhs
[b]
Rs. 75 lakhs
[c]
Rs. 1 crore
[d]
Rs. 1.5 crores.
- An appeal can be preferred to the Supreme
Court against the order of National Commission within a period of …… from
the date of order.
[a]
45 days
[b]
30 days
[c]
60 days
[d]
80 days
- Section ….. of the Consumer Protection Act
provides for penalties for failure or omission to comply with any order
made by the District Forum, State Commission & National Commission:
[a]
26
[b]
27
[c]
28
[d]
30
- The RCT Act, 1987 came into force w.e.f.
……….:
[a]
1-11-87
[b]
1-11-89
[c]
8-11-89
[d]
8-11-87
- Limitation to make claim before RCT for
loss destruction damage, deterioration or non-delivery of animals or goods
is …… from the date on which goods in question entrusted to Rlys.
[a]
1 year
[b]
2 years
[c]
3 years
[d]
6 years.
- Application before RCT for compensation
under Sec. 124, 124 A of the Rly. Act 1989 can be made within …….. of the
occurrence of the accident.
[a]
6 months
[b]
1 year
[c]
2 years
[d]
3 years
- Application before RCT for claims refund
of fare & freight can be made within …… years from the date on which
the fare or freight is paid to the Rly. Admn.
[a]
6 months
[b]
1 year
[c]
2 years
[d]
3 years.
- Under Arbitration and conciliation
Act,1996 number of members that can constitute Arbitral Tribunal is
a)
One
b)
Two
c)
Three
d)
Any odd number
- Arbitral proceedings are deemed to have
been commenced from the date:
a)
Arbitral Tribunal is constituted
b)
Claim statement is filed
c)
Reply to claim statement is filed
d)
Notice demanding arbitration is served on the other party
- Arbitrator is a judge:
a)
Chosen by parties
b)
Appointed by court at the request of party
c)
Named in the arbitration agreement
d)
Any one of the above
- Arbitral Tribunal is bound by:
a)
CPC
b)
Evidence Act
c)
a&b
d)
None of the above
- Arbitral Tribunal can take:
a)
Only oral evidence b) Only documentary evidence
c)
Both oral and documentary evidence
d)
No evidence can be taken
- Arbitral Tribunal is empowered to pass:
a)
Interim order
b)
Interim award
c)
a or b
d)
a & b
- Under the Arbitration and conciliation
Act, an Arbitral award will be enforceable like a decree:
a)
After expiry of 3 months
b)
Immediately
c)
After expiry of six months
d)
It cannot be enforced.
- Under Sec 31 (8) of A&C Act, the costs
of Arbitral Tribunal can be fixed by:
a)
The parties
b)
Courts
c)
Arbitral Tribunal itself
d)
None of the above
- According to the arbitration Act, ‘waiver’
means:
a)
To waive right to object
b)
To waive right to claim
c)
To waive right to appoint arbitrator
d)
To waive right to defend claims
- If the Arbitral Tribunal fails to conduct
proceedings, it can be terminated:
a)
By the claimant
b)
By respondent
c)
By the authority who appointed the Arbitral Tribunal
d)
Court on an application by aggrieved party
- If the Arbitral Tribunal consisting three
members, the arbitral award passed should be signed by:
a)
All the members
b)
Presiding arbitrator
c)
Majority of the members
d)
Any of the above
- Out of three, only two members have signed
the award:
a)
It is not valid
b)
It is valid provided reasons for not signing by the third arbitrator are recorded
c)
It will be valid after obtaining 3rd member’s signature
d)
None of the above
- If the parties are aggrieved of the costs
and expenses fixed by the Arbitral Tribunal, they may approach civil court
under:
a)
Sec 34
b)
Sec 37
c)
Sec 39
d)
Sec 21
- As per the arbitration Act, the procedure
to be followed by Arbitral Tribunal by default will be:
a)
As agreed by parties
b)
As decided by the tribunal
c)
Court procedure
d) As decided by presiding arbitrator
- Once Arbitral Tribunal parts with the
final award:
a)
No corrections are permitted
b)
Typographical errors only can be rectified
c)
any mistakes can be corrected
d)
none of the above
- Additional award means:
a)
there is no such definition
b)
award passed with respect to additional
claims
c)
additional amounts for the same claims
d)
award for the claims omitted in the original award.
- Arbitral Tribunal can decide its own
jurisdiction under:
a)
Sec 13
b)
Sec 14
c)
Sec 15
d)
Sec 16.
- If the appointed arbitrator is not
possessing requisite qualifications, then the aggrieved party has to file
application under:
a)
sec 11
b)
sec 12
c)
sec 13
d)
sec 16
- The Chairman of the drafting committee of
constituent assembly of
a)
Dr.B.R.Ambedkar
b)
Sri Babu Rajendra Prasad
c)
Dri Sarvepalli Radha Krishnan
d)
Sri Jawaharlal Nehru
- The term “State’ defined in:
a)
Article 12
b)
Article 13
c)
Article 14
d)
Article 15
- An appeal from the order of CAT lies to:
[a]
High Court
[b]
Supreme Court
[c]
Industrial Tribunal
[d]
Rly Board.
- Equality before law – “the State shall not
deny to any person equality before the law or the equal protection of the
laws within the
a)
Article 14
b)
Article 15
c)
Article 16
d)
Article 17
- Which Article states “The State shall not
discriminate against any citizen on the grounds only of religion, race,
caste, sex place of birth or any of them” :
a)
Article 14
b)
Article 15
c)
Article 16
d)
Article 17
- Equality of opportunity in matters of
public employment is provided in:
a)
Article 14
b)
Article 15
c)
Article 16
d)
Article 17
- ‘Creamy
layer’ concept was expounded by Supreme Court in:
a)
Indira Sawaney Vs.UOI
b)
Balaji Vs. State of
c)
Devasan Vs.UOI
d)
Akhil Bharatiya Karmachari Sangh Vs.UOI
- The Supreme Court in the following case,
held that reservation shall not exceed 50%:
a)
Balaji Vs. State of
b)
Devadasan Vs UOI
c)
State of
d)
Indira Sawaney Vs.UOI
- Double jeopardy means:
a)
A person shall be prosecuted and punished for the same offence twice
b)
No person shall be punished for the same offence twice
c)
No person shall be punished for any offence
d)
A person shall be punished for an offence without committing it by him
- Which Article of the Constitution says “No
person shall be prosecuted and punished for the same offence more than
once”:
a)
Article 20 (1)
b)
Article 20 (2)
c)
Article 20 (3)
d) Article 21
- “Right to pollution free air” falls under
which Article of Constitution:
a)
Article 21
b)
Article 22
c)
Article 23
d)
Article 24
- Dr. Ambedkar, Chairman of the drafting
committee of constituent assembly of
a)
Article 32
b)
Article 226
c)
Article 14
d)
Article 16
- Which Article of Constitution deals with
‘Free legal Aid to poor, illiterate and indigent persons:
a)
Article 37
b)
Article 38
c)
Article 39
d)
Article 39 A
- Supreme Court may accept an appeal by
granting Special leave. The power to grant such special leave is vested in
the Supreme Court by :
a)
Article 37
b)
Article 136
c)
Article 144
d)
Article 226
- Under Article 226 the High Court is
empowered to issue Writs to government authorities in the nature of:
a)
Habeas Corpus
b)
Prohibition, Mandamus
c)
Quo warranto, certiorari
d)
All of the above
- When a writ of mandamus can be issued:
a)
It is a legal remedy available under Constitution whenever there is
infringement of fundamental rights
b)
It can be granted only against public authority
c)
It can be granted only when there is legal duty cast on the public authority.
d)
All of the above
- All contracts made in the exercise of the
executive power of the
a)
The President
b)
The Governor
c)
Principal Secretary Concerned to the UOI
d)
Minister concerned
- If
the requirements of Article 299 are not complied with, then the
consequences are :
a)
The government is not bound by the contract because article 299 is mandatory
b)
The Officer executing the contract would be personally bound
c)
If the government enjoys the benefit of the contract, it is bound to
recompense.
d)
All of the above
- Government of
a)
Article 299
b)
Article 300
c)
Article 302
d)
None of the above
- ‘Doctrine of pleasure’ was initially
originated in which of the following country:
a)
b)
Great Briton
c)
d)
- Under which Article, ‘doctrine of
pleasure’ is incorporated in Indian Constitution
a)
Article 300
b)
Article 308
c)
Article 310
d)
Article 312
- In which Article, the provisions relating
to dismissal, removal, or reduction in rank of persons employed in civil
capacity under the
a)
Article 309
b)
Article 310
c)
Article 311
d)
Article 312
- What are the restrictions on the “doctrine
of pleasure”:
a)
Removal cannot be done by a subordinate authority than the appointing authority
b) Reasonable opportunity be given
c)
Principles of natural justice have to be followed
d)
All of the above
- Which Article of the Constitution states
that “the official language of the
a)
Article 340
b)
Article 343
c)
Article 344
d)
Article 345
- ‘It is not permissible to change the basic
structure or frame work of the Constitution’ .In which judgement, the
Supreme Court made this observation:
a)
Menaka Gandhi Vs. UOI
b)His
Holiness Kesavananda Bharathi Sripadagalavaru Vs.State of Kerala
c)
Minerva Mills Vs.UOI
d)
Indira Gandhi Vs. Raj Narain
- Right to information flows from which of
the following Articles:
a)
Articles 19 & 20
b)
Articles 21 & 22
c)
Articles 19 & 21
d)
Articles 14 & 19
- His Holiness Kesavananda Bharathi
Sripadagalavaru Vs.State of Kerala case is also known as the case of:
a)
Fundamental rights case
b)
Basic Structure case
c)
Amendment case
d)
None of the above
- Govt. contracts are governed by Article
__________ of Constitution of India.
[a]300
[b]
301
[c]
311
[d]
299
- Article __ of constitution provides
safeguard to a Govt. servant before he was removed/dismissed or compulsory
retired from service:
a)
309
b)
310
c)
311
d)
All of the above
- Starting point of an agreement is:
a) Invitation to offer
b)
Offer/proposal
c)
Acceptance
d)
None of the above
- A has a car. As he wants to sell it, he
gave an advertisement in the news papers. The advertisement of A is
a)
An invitation to offer
b)
Offer
c)
Acceptance
d)
None of the above
- An agreement not enforceable by law is:
a)
A valid agreement
b)
A void agreement
c)
A voidable agreement
d)
None of the above
- Standard form contracts are also called:
a)
Contracts of adhesion
b)
Compulsory contracts
c)
Private legislations
d)
All of the above
- ‘Caveat emptor’ means:
a)
Let the seller beware
b)
Let the buyer beware
c)
Agreement with Emperor
d)
None of the above
- Doctrine of Ubberrima fide (doctrine of
utmost good faith) is mostly used in:
a)
Contracts of insurance
b)
Shipping business
c)
Railway contracts
d)
None of the above
- A promises to give to B Rs 25,000/-. Which
one of the following is true:
a)
It is not an agreement
b)
It is voidable agreement
c)
It is valid agreement
d)
Consensus ad idem
- A takes Rs.20,000/- as loan @ 18% interest
p.a from B and executes a promissory note in favour of B. This is
a)
Void agreement
b)
Voidable agreement
c)
A Valid agreement
d)
A negotiable instrument with no agreement.
- Contracts which are opposed to public
policy are:
a)
Valid
b)
Void
c)
Voidable
d)
None of the above
- A agrees to sell to B his white horse for
rupees five hundred or rupees one thousand:
a)
The agreement is valid
b)
Void for uncertainity
c) Voidable at the option of B
d)
b &c are correct
- A agrees to pay B Rs.15,000/- if two
straight lines should enclose a space. This agreement is:
a)
Valid
b)
Void due to impossibility of performance
c)
Viodable at the option of B
d)
None of the above
- Which section of Contract Act states that
the effect of failure to perform at fixed time in a contract where time is
essential
a)
Sec 54
b)
Sec 55
c)
Sec 56
d)
Sce 57
- A agrees with B to discover treasure by
magic. The agreement is:
a)
Void
b)
Voidable at the option of B
c)
Valid agreement
d)
None of the above
- Liquidated damages means :
a)
Probable loss as a result of the breach of a contract
b)
Damages on account of mistake caused from both sides
c)
As much as earned, as much as liquidated
d)
None of the above
- A contract to perform the promise or
discharge the liability of a third person in case of his default is
called:
a)
Contract of guarantee
b)
Contract of indemnity
c)
Under taking contract
d)
All of the above
- Lien means:
a)
A legal claim to hold property as security
b)
A particular status
c)
A line between two concepts
d)
None of the above
- An agency may be created:
a)
By express or by implied conduct
b)
By necessity
c)
a&b
d)
None of the above
- To be a valid contract, an agreement must
be have:
[a]
Consideration
[b]
Lawful object
[c]
Free consent
[d]
All.
- A peon working in Railways met with an
accident and injured while carrying a file to another office. Whether He
is:
a)
Eligible for compensation under WC Act
b)
Not eligible to receive compensation under WC Act
c) Eligible to receive compensation as exgratia
payment
d)
None of the above
- A Senior Section Engineer, while going to
Rail Nilayam to report to his superior officer met with an accident in
front of Rail Nilayam. He is:
a)
Eligible for compensation under WC Act
b)
Not eligible to receive compensation under WC Act
c) Eligible to receive compensation as exgratia
payment
d)
None of the above
- The following come under the purview of WC
Act :
a)
Apprentices
b)
Casual worker
c)
RPF staff
d)
None
- Limitation within which claim for
Workmen’s compensation should be preferred from the date of occurrence of
the accident:
a)
One year
b)
Two years
c)
Three years
d)
No limitation
- Doctrine of
notional extension of employment means:
a) The area beyond the precincts of the work place
b) Time beyond duty hours
c) Extend to the outer sphere of his
area of working but the work is related to his employment
d)
All of the above
- Injuries deemed to result in permanent
total disablement are listed in:
a)
Schedule-I, Part – I
b) Schedule –I Part II
c) Schedule III
part A
d) Schedule III part B
- For calculating
compensation under Workmen Compensation Act, wages can be taken as maximum
of:
a) Rs.2000/- p.m
b) Rs.3500/-p.m
c) Rs.4000/- p.m
d) Rs.6500/-p.m
- For claiming
compensation under WC Act, a workman or in case of death, his legal representatives has to approach:
a) Civil court
b) Commissioner under the Act
c) High Court
d) Sessions Court
- An Award passed by the authority under
W.C. Act can be appealed before:
[a]
Regional Labour Commissioner
[b]
Chief Labour Commissioner
[c]
High Court
[d]
- Fines imposed on workman can be recovered
from the wages. The maximum amount
of fine shall not exceed:
a)
3% of wages
b)
5% of wages
c)
7% of wages
d)
10% of wages
- Recovery of fines shall be done within:
a)
60 days
b)
90 days
c)
120 days
d)
150 days
- Payment of wages Act does not apply to
employees drawing wages ________ and above.
a) Rs.400/-
b)
Rs. 1000/-
c)
Rs.2,500/-
d)
Rs.6500/-
- Appeal from authority under Payment of
wages Act lies to:
a)
District Judge
b)
High Court
c)
Labour court
d)
Any of the above.
- In Railways the minimum wages Act applies
to:
a)
Porters loading/unloading in goods
sheds
b) Employees in administrative offices
c) Employees in workshops
d) None of the above
- I.D.Act is not applicable to :
a)
Nurses
b) Teachers
c) RPF
d) All of the of the above
- Industrial disputes means any dispute or
difference between:
a)
Employers and Employers
b) Employer and Workmen
c) Workmen and Workmen
d) All of the above
- Under Industrial Disputes Act, Railway is:
a)
Public Utility Service
b)
Essential service
c)
Public transportation service
d)
All of the above
- After due process and enquiry a worker in
Lallaguda Workshop was dismissed from service. It Is:
a)
Deemed to be industrial dispute
b)
Essentially personal dispute
c)
To be considered impersonal dispute
d)
None of the above
- An appeal from the award of Industrial
tribunal lies to:
a)
National Tribunal
b)
High Court
c)
Supreme Court
d)
No appeal lies
- It is the duty of the employer to maintain
the muster rolls of every workmen. Which section deals with this
provision:
a)
Sec 25-D
b)
Sec 25-E
c)
Sec 25-F
d)
None
- When a workman is laid off, he is not
entitled for any compensation when:
a)
If he refuses to accept any alternative appointment
b)
If he does not present for work at the establishment at the appointed time
c)
Both a&b
d)
Compensation is compulsory
- No workman employed in any industry who
has been in continuous service for not less than one year under an
employer shall be retrenched subject to certain conditions. Which section
deals with this provision:
a)
Sec 25-D
b)
Sec 25-E
c)
Sec 25-F
d)
None
- Penalty for illegal strike and lockouts is
provided under which of the following sections:
a)
Sec 25
b)
Sec 26
c)
Sec 33
d)
None
- For recovery of money due from an
employer, workman has to file application before under the following section:
a)
Sec 26
b)
Sec 33 A
c)
Sec 33 b
d)
33 C
- It is the duty of every employer to
publish seniority list of casual labour before retrenchment. Which section
deals with this provision:
a)
Sec 25 E
b)
Sec 25 F
c)
Sec 25 A
d)
Sec H
- Contract labour (Regulation and abolition)
Act applies to establishments wherein ___________ number of workmen employed during the preceding
one year:
a)
Twelve
b)
Twenty
c)
Twenty four
d)
Thirty
- Notification for prohibition of contract
labour in the establishments can be issued under : a) Sec 7
b)
Sec 8
c)
Sec 9
d)
Sec 10
- A railway
servant shall be deemed to have been placed under suspension when:
a) he was detained in custody
b)
he was detained in custody for more than 24 hours
c)
when he was detained in custody for more than 48 hours
d)
Any of the above
- When an order of
suspension is made or deemed to have been made, the suspension shall
continue to remain in force
a) Till he is acquitted from criminal case
b) Till he gets a bail
c) Till the suspension is revoked
d) Any of the above
- Disciplinary proceedings against retired
Railway servant can be initiated by:
a)
DA as on the date of retirement
b)
Appointing authority or of a grade equal as on the date of retirement
c)
President of
d)
None of the above
- When
bias is attributed to the IO, the IO has to:
a)
Cease to function as IO once for all
b)
Proceed with the enquiry
c)
Seek advise from Railway advocate
d)
Stop Inquiry and seek advise from DA
- At
what stage new documents/ witnesses by prosecution can be allowed by IO:
a)
At any time
b)
Before commencement of defense case
c)
Before commencement of prosecution case
d)
None of the above
- A retired Rly. Servant, aggrieved by
non-release of DCRG, filed a complaint before Dist. Forum. What would be
your defence?
a)
Consumer forum has no jurisdiction
b)
He should go to High Court
c)
(a) & (b)
d)
None of the above
- If prosecution witness is not attending
the enquiry, IO has to:
a)
Drop him
b)
Summon him to attend
c)
Postpone enquiry for next hearing
d)
Any of the above
- If a document is requested by the CE, IO:
a)
may refuse straight away
b)
IO may refuse by giving his ruling
c)
may leave it to the discretion of the DA
d)
Any of the above
- If the charged employee complains that he
could not attend enquiry because of non payment of subsistence allowance,
IO has to:
a)
Arrange for the same
b)
Conduct the enquiry ex parte
c)
Advise the DA to arrange subsistence allowance
d)
Ask the CE to make his own arrangements to attend the enquiry
- Enquiry in major penalty charge sheet is
not compulsory when:
a) DA decides not to conduct enquiry
b) Charged employee admits the charges
c) Charged employee is out of country
d) Charge sheet cannot be served due to
absconding
- When is an ex parte enquiry legal:
a)
When Defence helper is not available but CE is present
b)
When unable to serve notice on CE is not present
c)
When DA directs in writing to do so
d)
When CE does not attend the enquiry inspite of notice
- Who among the following cannot act as IO:
a)
An officer who had conducted fact finding enquiry
b)
A person who is interested in punishing the charged employee
c)
A person who has personal Knowledge in the charges
d)
All of the above
- Which of the
following is correct:
a) DA can remit the matter back to the Inquiry
officer for further enquiry
b) DA has to accept Inquiry Officer’s report
c) DA has to refer the matter to appellate authority
d) DA has to report to DRM
- When DA did not
accept IO’s report:
a) He has to record his reasons for such
disagreement and send a copy of his disagreement to charged employee for his
representation
b) After recording reasons he can impose
penalty
c) DA can straightaway impose penalty, reasons are
not essentially to be recorded. d) None of the above
- Before imposing minor penalties:
a)
An enquiry has to be conducted to meet Principles of natural justice
b)
An enquiry is to be conducted when charged employee specifically requests
c)
An enquiry is to be conducted when DA decides so
d)
All of the above
- Enquiry can be dispensed with in the
following cases:
a)
Where the penalty imposed on a railway servant on the ground of conduct which
has led to his conviction on a criminal charge
b)
In the opinion of DA enquiry is not reasonably possible
c)
Both a & b
d) Employee is unauthorisedly absent.
- Services of a permanent Rly. Employee are
governed by:
a)
Terms of agreement at the time of appointment.
b)
Terms of contract entered between employee & Rly. Admn.
c)
Statutory Rules made from time to time.
d)
Rules framed by UPSC
- An employee working with South
a]
Kolkatta
b]
c]
Any where in
d]
Either a or b
- ‘A’ living in
a)
Can decide to file case before any court they choose
b)
Can give mutual consent as to the territorial jurisdiction of a court
c)
Territorial jurisdiction of a court depends upon the place of residence
d)
Any of the above
- “No court shall proceed with the trial of
any suit in which the matter in issue is also directly and substantially
in issue in a previously instituted suit between the same parties under
the same title in the same or in any other court in
a)
Res sub judice (stay of the suit)
b)
Res judicata
c)
Res integra
d)
None of the above.
- ‘A’ files a suit against ‘B’ for
declaration that he is entitled to certain lands as heir of ‘C’. The suit
was dismissed. ‘A’ filed another suit claiming the same property on the
ground of adverse possession. This suit is:
a)
Barred by res judicata
b)
Res sub judice
c)
a & b
d)
None of the above
- ‘A’ sues ‘B’ for possession of a house. However,
the house belongs to ‘C’ and is in his possession. This suit is:
a)
Maintainable
b)
Not maintainable for non joinder of necessary party
c)
Not maintainable for mis joinder of party
d)
None of the above
- ‘A’ a Govt. employee obtained loan from a
Bank under a declaration from his salary drawing authority, undertaking to
remit the amount from his monthly salary bills. On default, bank filed
suit against drawing officer and the loanee for a direction and damages:
a)
Such a suit is maintainable
b)
Suit is not maintainable because there is no notice to the govt.
c)
a or b
d)
None of the above
- Who is not a
dependent for the purpose of liability of Railway administration for
the death to passengers due to accident:
[a] A minor child of a pre-deceased daughter, if
wholly dependent on the deceased passenger
[b] Widowed daughter-in-law and a minor child of a
pre-deceased son if dependent wholly or partly on the deceased passenger
[c] Paternal grand parent of the deceased passenger
irrespective of dependency
[d] Paternal grand parent wholly dependent on the
deceased passenger.
- Which of the following employment of a
railway servant does not belong to ‘excluded’ category as per Sec.
130 of Rlys Act?
[a]
Railway servants employed in a marginal or confidential capacity.
[b]
A canteen worker
[c]
Staff of the railway schools imparting technical training or academic education
[d]
None of the above.
- If any person, with intent to defraud a
railway Administration, uses a single pass or ticket which has already
been used on a previous journey, he shall be liable to pay.
[a]
Excess charge
[b]
Ordinary single fare for the distance which he travelled
[c] a& b
[d]
None of the above.
- Fraudulently travelling or attempting to
travel without proper pass or ticket, attracts provision of Sec. 137 of
Rlys Act which prescribes punishment of:
[a]
Imprisonment for six months
[b]
Imprisonment for a term which may extend up to six months
[c]
Either a or b
[d]
None of the above.
- If any person, not being a railway servant
or an agent authorized in this behalf sells or attempts to sell any ticket
in order to enable any other person to travel there with:
[a]
He shall forfeit the ticket which he sells or attempts to sell
[b]
Shall be punishment with imprisonment which may extend to three months
[c]
Punishable with fine which may extend to five hundred rupees
[d]
All of the above.
- Under ___________ section of Railway Act,
penalty of imprisonment for a term which may extend to three years or with
fine which may extend to ten thousand rupees or with both is for the
offence of:
[a]
Hawking and begging in railway carriage
[b]
Carrying unauthorized business of procuring and supplying of railway
tickets
[c]
Maliciously wrecking or attempting to wreck a train
[d]
Described in Sec. 142
- Which are of the following is not an
offence as per Railways Act?
[a]
Entering into a compartment reserved
[b]
A male, Entering carriage or other place reserved for females
[c]
Traveling on roof step or engine of a train
[d]
Stretching the arms through widow, while travelling
- Which of the following is not an
offence as per Railways Act?
[a]
Giving false account of goods
[b]
Unlawfully bringing dangerous goods on a railway
[c]
Unlawfully bringing offensive goods on a railway
[d]
None of the above.
- If any person commits any offence
mentioned in Sec. 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172
to 176, he may be arrested, without warrant or other written authority, by
the officer authorized by a notified order of the Central Govt. who is that authorized officer?
[a]
Head Constable of RPF
[b]
Head Constable of GRP
[c]
All the Officers of and above the rank of ASI of RPF
[d]
All the Officers of and above the rank of SI of GRP
- Which of the following power is not
vested with authorized officer under Sec. 180 B of Rlys Act?
[a]
Summon and enforce the attendance of any person
[b]
Require the discovery and production of any document
[c]
Remand any person to the custody of authorized officer not exceeding 7
days [d]None of the above.
- When any person is arrested by the officer
authorized for an offence punishable under Railways Act, such officer
shall proceed to inquire into the charge as per the provisions of Cr PC.
For this purpose he shall exercise same power as that of:
[a]
1st Class Magistrate
[b]
2nd Class magistrate
[c]
Officer in charge of a police station
[d]
None
- Entries made in the records or other
documents of a railway Administration or production of a copy of the
entries certified by the officer:
[a]
Shall not be admitted as evidence
[b]
Shall be admitted as evidence
[c]
May be admitted at the discretion of court
[d]
None of the above
- Which
one of the following matter is not within the jurisdiction
of RRT:
[a]
Charging for the carriage of any commodity between two stations at a rate which
is unreasonable.
[b]
Classification or re-classification of any commodity
[c]
Contravention of the provision of Section 70 of Rly. Act 1989
[d]
Levying any other charge which is un-reasonable.
- Which
one of the following matters is within the jurisdiction of
RRT:
[a]
Fixation of wharfage & demurrage charges
[b]
Allegation of undue preference to a person or any particular traffic
[c]
Classification or re-classification of any commodity
[d] a & b
- Which one of the following statement is
incorrect.
a] Every person entrusting any goods to a railway
administration for carriage shall execute a forwarding note
b) Forwarding note means document executed under Sec
64 of Railways Act
c) The form of forwarding note shall be prescribed
by the Central Govt.
d) Forwarding note is issued by consignor to the consignee.
- Pick up the correct
statement from the following:
a) Railway receipt is issued either for carriage of
passengers or goods
b) Railway receipt is only an acknowledgement of
goods received
c) A mutually agreed format can be adopted for
Railway receipt
d)A railway receipt shall be prima facie evidence of
the weight and number of packets stated therein.
- Which one of the
following statements is incorrect.
[a] Rly.
Admn. shall have the right to re-measure, re-weigh or reclassifiy any
consignment
[b] Re-calculate the freight and other charges
[c] Correct any other error or collect any amount
that may have been omitted to be charged
[d] Re-book the consignment to another destination
- As per Sec. 79
of the Railway Act, which one of the following statements is incorrect:
a] No re-weighment is permissible even if requested
by consignee in case of perishable that are likely to lose weight in transit
[b] No request for weighment of consignment in
wagon-load or train-load shall be allowed if the weighment is not feasible due
to congestion in the yard
[c] No re -weighment shall be allowed if goods
booked at owners risk rate
[d] Re-weighment, if agreed will be free of any
charges.
- When consignment
arrives in a damaged condition or shows signs of having been tampered
with, under Sec. 82 of the Railways Act which statement is correct:
[a] Rly. Admn shall give open delivery
[b] A part of consignment can be delivered duly
furnishing partial delivery certificate [c] If the consignee or endorsee
refuses to take such delivery, shall be subject to wharfage charges
[d] All of the above.
- Which of the
following statement is not correct:
[a] If any person fails to take delivery of any
consignment, it shall be treated as unclaimed
b] Rly. Admn may sell unclaimed perishable
consignment as per Sec.83 [2]
[c] In case of non-perishable consignment, issue
notice to consignee to remove the goods within seven days from the receipt
there of
[d] Free time is not applicable for perishable
traffic.
- Which of the
statements is incorrect:
a] There is no other provision than Sec. 83 to sell
the perishable consignment
[b] Where traffic on any route is intercepted and
there is no other route to direct the consignment, then Rly. Admn may sell the
perishable consignment to prevent loss [c] Right of Rly to recover by suit any
freight charge or other expenses shall not be affected by sale under Sec. 83,
to 95
[d] Rly. Admn. Shall retains the freight and other
charges out of the sale proceeds including expenses for the sale and the
surplus, if any, shall be rendered to the person entitled there to.
- Which of the
following factors is not relevant for Central govt. to consider before
notifying a station under Sec. 89 of the Act:
[a] The volume of traffic and the storage space
available at such Rly. Station
[b] The nature and quantities of goods generally
booked to such railway station
[c] The number of wagons likely to be held up at
such railway station if goods are not removed there from quickly
[d] Essential nature of the commodity for public use.
- Which of the
following cannot be defense against responsibility of Rly. Admn. as
carrier of goods?
[a] Act or conscious negligence of the consignor or
the consignee
[b] Act or omission of the agent or servant of the
consignor or the consignee or the endorsee
[c] Act or omission of Rly officials while accepting
goods for carriage
[d] Orders or restriction imposed by the Central
Govt. or State Govt. or by an officer authorized in this behalf.
- Which of the
following statements is not correct:
[a] Rly. Admn. Shall not be responsible for any
loss, destruction etc, of consignment
carried at owners risk rate
[b] Even if it is owner’s risk rate Rly is
liable if it is proved that such loss
destruction non-delivery due to railway’s negligence
[c] Under railway risk rate, negligence has to be
proved by the consignee
[d] None of the above
- Normal carrying
capacity of every wagon or truck in its possession should be determined by
Rly. Admn and shall:
[a] Exhibit in conspicuous manner at all Rly.
Stations
[b] Display at all HQ/Divisional Offices, wagon
depot
[c] Exhibit in a conspicuous manner on the outside
of every such wagon or truck
[d] All of the above.
- Which one of the
following statements is incorrect:
[a] Rly. Admn. have the right ,before delivery, to
re-measure, re-weigh or reclassify any consignment
[b] Re-calculate the freight and other charges
[c] Correct any other error or collect any amount
that may have been omitted to be charged
[d] Re-book the consignment to another destination
at its option
- Which one of the
following statements is incorrect, as per Sec. 79 of the Act?
a] No re-weightment is permissible even if requested
by consignee in case of perishable that are likely to lose weight in transit
[b] No request for weighment of consignment in
wagon-load or train-load shall be allowed if the weighment is not feasible due
to congestion in the yard
[c] No reweighment shall be allowed of goods booked
at owners risk rate
[d] Re-weighment, if agreed will be free of any
charges.
- Where the
consignment arrives in a damaged condition or shown signs of having been
tampered with, then under Sec. 82 of the Act, which statement is correct:
a) Rly. Admn shall give open delivery
[b] A part of consignment can be delivered duly
furnishing partial delivery certificate [c] If the consignee or endorsee
refuses to take such delivery, shall be subject to wharfage charges
[d] All of the above are correct
- Which of the
following statements is incorrect:
[a] If consignee/endorsee fail to pay on demand the freight in respect of any
consignment, Rly. Admn may detain that consignment
[b] If that consignment is delivered, any other
consignment of such portion may be detained
[c] If the consignment in question is perishable it
should not be detained
[d] If it is not perishable in nature, sell by
public auction.
- Which of the
following statement is correct: If any person fails to take
delivery of any consignment,
a) It shall be treated as unclaimed
[b] Rly. Admn may sell unclaimed perishable
consignment as per Sec.83 [2]
[c] In case of non-perishable consignment to issue
notice to remove the goods within seven days from the receipt there of
[d] All of the above
- Which of the
statements is incorrect:
[a] There is no other provision other than Sec. 83
to sell the perishable consignment
[b] Where traffic or any route is intercepted and
there is no other route to direct the consignment, then Rly. Admn may sell the
perishable consignment to prevent loss
[c] Right of Rly to recover by suit any freight
charge or other expenses shall not be affected by sale under Sec. 83 to 95
[d] Rly. Admn. shall retain the freight and other
charges out of the sale proceeds including expenses for the sale and the
surplus, if any, shall be rendered to the person entitled thereto.
- Which of the
following factors, central govt. shall consider before notifying a station
under Sec. 89 of the Act:
[a] The volume of traffic and the storage space
available at such Rly. Station
[b] The nature and quantities of goods generally
booked to such railway station
[c] The number of wagons likely to be held up at
such railway station if goods are not removed there from quickly
[d] Either a, b, or c
- Which of the
following is not an exception to general responsibility of Rly.
Admn. as carrier of goods:
[a] Act or conscious negligence of the consignor or
the consignee
[b] Act or omission of the agent or servant of the
consignor or the consignee or the endorse
[c] Act or omission of Rly officials while accepting
goods for carriage
[d] Orders or restriction imposed by the central
govt. or state govt. or by an officer authorized in this behalf.
- Rly. Admn. Shall
not be responsible for any loss, destruction, damage or deterioration of
goods. In thi context, which of the following statements is incorrect:
[a] Where goods are required to be loaded at a
siding not belonging to a railway admn. for carriage by Rly.
[b] Where any consignment is required to be
delivered by a railway administration at a siding not belonging to a railway
admn.
[c] In case of loading, when the wagon containing
the goods has been placed at the specified point of inter charge of wagons
between the siding and the railway admn.with or without informing rly. Admn. in
this regard
[d] None of the above
- Which of the following statements is not
correct:
[a]
Rly. Admn. Shall not be responsible for any loss, destruction etc, when consignment is carried at owners risk
rate
[b]
Even if it is at owner’s risk rate Rly is liable if it is proved that such loss destruction
non-delivery is because of Railways.
[c]
Rly. Admn. is not bound to disclose to the consigner how the consignment was
dealt when package found to be tampered with
[d]
None of the above
- Which of the
following statement is incorrect:
a] Every person entrusting any goods to a railway
administration for carriage shall execute a forwarding note
b) Forwarding note means document executed under Sec
64 of Railways Act
c) The form of forwarding note is prescribed by the
Central Govt.
d) Forwarding note is issued by consignor to the consignee.
- Which of the
following statement is correct:
a) Railway receipt is issued either for carriage of
passengers or goods
b) Railway receipt is the acknowledgement of goods
received
c) A mutually agreed format can be adopted for
Railway receipt
d)A railway receipt shall be prima facie evidence of
the weight and number of packets stated therein.
- Normal carrying
capacity of every wagon or truck in its possession should determine by
Rly. Admn and shall :
[a] Exhibit in conspicuous manner at all Rly.
Stations
[b] display at all HQ/Divisional Offices, wagon
depots
[c] exhibit in a conspicuous manner on the outside
of every such wagon or truck
[d] all of the above.
- Rly.
Administration if it considers necessary, or expedient so to do, it may
vary the normal carrying capacity of:
[a] Wagon carrying any specified class of goods
[b] Class of wagons or trucks of any specified type
[c] a&b above
[d] None of the above.
- Where a person
loads goods in a wagon beyond its permissible carrying capacity as
exhibited, Rly. Admn. may recover
[a] Extra charges
[b] Damages from consignee
[c] Charges
by way of penalty from the consignor, the consignee or the endorsee, as the
case may be
[d]Any of the above
- No appeal by a person who is required to
pay any amount in terms of an order of the National Commission shall be entertained
by the Supreme Court unless that person had deposited ……% of that amount
or ….. thousand whichever is less.
[a]
25%, 25
[b]
50%, 50
[c]
50%, 75
[d]
75%, 75
- Appeal by a person who is required to pay
any amount in terms of an order of State Commission shall not be
entertained by the National Commission unless the appellant has deposited
…..%age of the amount or Rs……. Thousand which ever is less.
[a]
25, 25
[b]
25, 35
[c]
50, 25
[d]
50, 35.
- State Commission shall have the jurisdiction
to entertain the complaint where the value of the goods or services and
compensation if any, claimed exceeds rupees ……… lakhs but does not exceed
rupees ……….:
[a]
1, one crore
[b]
20, one crore
[c]
20, 75
d)
25, 75
- Appeal by a person who is required to pay
any amount in terms of an order of Dist. Forum shall not be entertained by
State Commission unless the appellant has deposited …… percent of that
amount or ---- thousand rupees which ever is less.
[a]
25, 25
b)
25, 50
[c]50,
25
[d
50, 50
- Which one of the following powers is
vested in District Forum under C.P. Act.
a)Summoning
and examining witness on oath.
b)
Discovery and production of any document as evidence.
c)Reception of evidence on affidavits.
d) All the above.
- In which one of the following National
Commission has no jurisdiction?
a)
To entertain an appeal against orders of State Commission.
b)
To entertain a complaint the value of which is Rs.50,00,000/-.
c) To call for records from State Commission where
it appears it has exercised jurisdiction not vested in it
d) All the above.
- Which one of the
following statements is not correct?
a) Consumer Fora are not bound by rules under Civil
Procedure Code
b) National Commission can suo motu issue notice
to impose penalty if it feels that its orders are not complied with.
c)
Consumer Forum has powers to condone delay where limitation is prescribed in
the Act.
d)
When an order is passed by National Commission ex parte, the aggrieved can file
a petition to set aside the said order.
- Which one of the following is not
correct with respect to frivolous or vexatious complaints:
a)
While disposing such petitions, Forum shall record reasons.
b)
Awarding costs is not permissible
c)
Costs shall not exceed Rs.10,000/-
d) Costs shall be paid to the opposite party and not
paid to the Forum.
- Which one of the
following statements is not correct?
a) Commission shall rely on evidence by affidavits and
no need of deposition before it.
b) From a complaint first appeal lies to State Forum
and second appeal lies to National Commission.
c) Limitation for filing a complaint is 2 years
irrespective of whether it is District Forum, State Commission or National
Commission.
d) The order passed U/S.27 imposing penalty is
appealable.
- Which of the following is not a correct
statement :
[a]
RCT shall be guided by principles of natural justice.
[b]
RCT is bound by procedure laid down by the code of civil procedure.
[c]
Subject to the other provisions of RCT Act and of any rules the claims Tribunal
shall have powers to regulate its own procedure including the fixing of places
and time of its enquiry.
[d]
b or c is correct.
- Which of the following statement is not
correct:
[a]
An appeal shall lie from every order not being on interim order of RCT to the
High Court.
[b]
An appeal shall lie from an order passed by the RCT with the consent of
parties. [c] Every appeal u/s 23 of RCT Act shall be preferred within 90 days
from the date of order appealed against.
[d]
An appeal shall not lies to Rly. Rates Tribunal against the order passed by the
RCT.
- Arbitral Tribunal can admit expert
evidence of a person:
a)
Who is an expert in the subject and also had some nexus with the case
b)
Expert with no nexus with the case
c)
Any outsider, who can depose
d)
Who is an advocate
- If the claimant fails to submit his claim
statement even after opportunities then, arbitral Tribunal:
a)
Can decide the claims on the basis of record
b)
Shall terminate the proceedings
c)
Shall pass ex parte orders
d)
Can do (a) or (b)
- If the respondent do not come forward with
the reply statement even after repeated opportunities, Arbitral Tribunal:
a)
Shall terminate the arbitral proceedings
b)
Can decide claims on the basis of record
c)
Act as per a or b as he deems fit
d)
Pass award based on claim
- The essentials of a valid contract are:
a)
Purpose of offer, its legal consequences
b)
Intention, consent & conduct of the party
c)
Communication and consideration
d)
All of the above
- Consensus ad idem means:
a)
Contracting parties agree to a thing with the same meaning
b)
Consequence of agreement without proper meaning
c)
Consent of one of the parties
d)
None of the above
- Which of the following is an example for
“invitation to offer’:
a)
A tender
b)
Railway time table
c)
Catalogue of a bookseller/menu card in hotel
d)
All of the above
- ”Acceptance is to offer what a lighted
match is to a train of gunpowder” what is the import of this statement:
a)
Acceptance results irresistible change in status of parties
b)
Acceptance replaces the offer with a binding contract
c)
Once accepted, none of the parties can retract
d)
All of the above
- When the person to whom the proposal is
made, signifies his assent thereto, the proposal is said to be accepted. A
proposal, when accepted, becomes:
a)
A valid proposal
b)
Promise
c)
Consideration
d)
None of the above
- ‘A’ has a car. He writes a letter to B
proposing to sell it for Rs.50,000/-. The communication of proposal is
complete against A:
a)
When ‘B’ acknowledges the letter
b)
When ‘A’ writes the letter
c)
When ‘A’ drops the letter in post box
d)
When ‘B’ receives the letter and accepts it.
- In certain cases there may be no agreement
and contract between the parties. However, a person making a promise may
become bound to obey his promise. This is called:
a)
Standard form contract
b)
Promissory estoppel
c)
Wager contract
d)
None of the above
- ‘A’, a house owner enters into an
agreement to make an agreement to lease his house to B after one year. This
agreement is:
a)
Not enforceable by law
b)
Entered for the purpose of another agreement cannot be enforceable
c)
Law does not recognise a contract to enter into a contract
d)
All of the above
- ‘A’, for natural love and affection,
promises to give his son, B, Rs 20,000/-. A puts his promise to ‘B’, into
writing and registers it. This is without consideration. Which of the
following is true:
a)
Void agreement
b)
Voidable agreement
c)
A Valid agreement
d)
No agreement
- Privity of contract means:
a)
In contract between private parties, Govt can sue
b)
A stranger to a contract cannot sue
c)
A contract between the private parties
d)
None of the above
- Which of the following statement is not
correct? Every private and public company is a juristic person. Hence the
company:
a)
Can enter into contracts on their own name
b)
Can sue or be sued for breach of contracts
c)
Enter into any contract which shall be within the bounds of the articles of
association and memorandum of association
d)
All of the above
- In some instances, mere silence becomes
fraud, and it is the duty of the person who enters that contract to reveal
the truth. Which one is an exception?
a)
Insurance contracts
b)
Prtnership agreements
c)
Fmily settlement agreements
d)
None of the above
- A promises to obtain for B employment in
Railways by using his official position. In return B promises to pay
Rs.50,000/- to A. the agreement is:
a)
Vod
b)
Vidable
c)
Eforceable
d)
B can file a case for specific performance of the agreement.
- A
promises B to drop prosecution which he has instituted against B for
robbery and B promises to restore the value of the things taken. This
agreement is:
a)
Void agreement being the object is unlawful
b)
Voidable agreement
c)
A valid agreement
d)
None of the above.
- ‘A agrees to sell to B hundred tons of
oil’. There is nothing whatever to show what kind of oil was intended. The
agreement is:
a)
Void for uncertainity
b)
Voidable agreement at the option of B
c)
A Valid agreement
d)
Void as it is against public law.
- ‘A’ agrees to pay ‘B’ a sum of money, if a
certain ship does not return. The ship is sunk:
a) The contract is against public policy.
Hence it is void
b)
The contract is viodable at the option of ‘A’
c)
The contract can be enforced when the ship sinks
d)
None of the above
- ‘A’ promises to deliver goods to ‘B’ on a
certain day on payment of Rs 25,000/-. ‘A’ dies before that day. ‘B’ sues ‘A’s
representatives for specific performance of contract. A’s representatives
challenge it.
a)
The agreement is voidable at the option of ‘A’s representatives
b)
The agreement is abated against ‘A’s representatives
c)
‘A’s representatives are bound to deliver the goods to ‘B’, and ‘B is bound to
pay the amount to perform
d)
None of the above.
- ‘A’, a singer enters into a contract with ‘B’,
manager of a theatre to sing at his theatre two nights in every week
during the next two months, and ‘B’ engages to pay her Rs 1000/- for each
night’s performance. On the sixth night ‘A’ wilfully absents herself from
the theatre.
a)
‘B’ has no other choice but to continue her for the rest of the nights
b)
‘B’ is at liberty to put an end to the contract
c)
‘A’ is at liberty to put an end to the contract
d)
None of the above
- ‘A’ promises to paint a picture for ‘B’.
‘A’ must perform this promise personally. ‘A’ dies before the completion
of the painting. ‘B’ sues ‘A’s representatives for specific performance of
the contract or compensation:
a)
Court cannot order for specific performance of the contract.
b)
‘B’ is entitled for specific performance of the contract from ‘A’s
representatives
c)
‘B’ is entitled to compensation from A’s representatives.
d)
None of the above
- A, B, C jointly promise to pay ‘D’ Rs
30,000/-. ‘D’ may:
a)
Sue A, B, and C for recovery of the amount
b)
Sue A, B, or C for recovery of Rs 30,000/-
c)
‘D’ cannot sue A or B or C for recovery of Rs 30,000/- each.
d)
Statements a & b are correct.
- Novation means:
a)
A new contract is substituted for an existing one, but the parties must be the
same
b)
Novation should take place before expiry of the time of the performance of the
original contract
c)
Consensus of the parties is necessary, and if there is breach of contract
arises, there could be no novation.
d)
All of the above
- ‘A’ a merchant leaves goods at B’s house
by mistake. ‘B’ treats the goods as his own:
a)
It is a bonafide mistake of B to treat A’s goods as his own. There is no fault
of ‘B’
b)
It is the fault of A to leave the goods. Therefore A is not entitled to receive
any payment for such goods
c)
‘B’ is bound to pay ‘A’ for the goods under quasi contractual obligation
d)
None of the above
- ‘A’ and ‘B’ jointly owe Rs 20,000/- to
‘C’. ‘A’ alone pays the amount to ‘C’. This fact is not known to ‘B’. ‘B’
pays Rs 20,000/- to ‘C’:
a)
‘C’ should not have taken the amount from B again.
b)
‘C’ is bound to repay the amount to ‘B’
c)
‘C’ is bound to repay the amount to ‘A’
d)
None of the above
- When a contract is broken, the injured
party can recover from the other party such damage as naturally and
directly arose in the usual course of things from the breach. Such damages
are called as:
a)
General damages
b)
Special damages
c)
Vindictive damages
d)
Nominal damages
- A contract by which one party promises to
save the other from loss caused by the conduct of the promisor himself, or
by the conduct of any other person, is called:
a)
Contract of guarantee
b)
Contract of indemnity
c)
Contract of surety
d)
Under taking contract
- A takes Rs.25,000/- from a Bank as loan. B
gives an undertaking that he will pay the debt, if A fails to pay. It is a
:
a)
Contract of guarantee
b)
Contract of indemnity
c)
Under taking contract
d)
All of the above
- ‘A’ guarantees ‘B’ the payment of a bill
of exchange by C, the acceptor. The bill is dishonoured by C:
a)
A is not liable
b)
A is liable for the amount
c)
A is liable only a part of the amount
d)
None of the above
- ‘A’ hires a carriage of B. The carriage is
unsafe and B is not aware of it. But ‘A’ is injured.
a)
B is responsible to A for the injury
b)
B is not responsible to A for the injury
c)
A is responsible
d)
A is not responsible
- An agency may be terminated by:
a)
Revocation by principal or renunciation by agent
b)
Completion of the business of agency or death of principal or agent
c)
Insanity of principal or agent or insolvency of the principal
d)
All of the above
- A Senior Section Engineer, while going to
Rail Nilayam to report to his superior officer met with an accident in
front of Rail Nilayam. He is:
a)
Eligible for compensation under WC Act
b)
Not eligible to receive compensation under WC Act
c) Eligible to receive compensation as exgratia
payment
d)
None of the above
- Doctrine of
notional extension of employment means:
a) The area beyond the precincts of the work place
b) Time beyond duty hours
c) Extend to the outer sphere of his
area of working but the work is related to his employment
d)
All of the above
- ‘From the beginning’ can also be expressed in the following
maxim :
a)
ab initio
b)
sine initio
c)
initio idem
d)
none of the above
- ‘Let the purchaser beware’. Denotes the
meaning of which of the following maxims:
a)
Vendor emptor
b)
Caveat vendor
c)
Caveat emptor
d) None of the above
- ‘Agreement as to the same things’ can be
expressed in the following maxim:
a)
consensus ad idem
b)
Ex dolo malo non oritur action
c)
Inter vivos
d)
consensus ab initio
- ‘Between living persons’ is the meaning
of which of the following maxims:
a)
inter vivos
b)
vivacious
c)
vini vidi vici
d)
none of the above
- ‘Ipso
facto’ means:
a)
By that very fact
b)
Fact of the issue
c)
Factually
d)
Fact and evidence
- ‘Obiter
Dictum’ means:
a)
An opinion voiced by a judge on a point of law
b)
Decision rendered by the court
c)
Direction by the court to department
d)
None of the above
- ‘Prima
facie’ means:
a)
Priliminary issue
b)
At first sight
c)
Face of the issue
d)
None of the above
- ‘Something for something’ is the meaning
of which of the following maxim:
a)
quid pro quo
b)
Tit for tat
c)
quod pro
d)
None of the above
- ‘An indispensable condition’ is the
meaning of which of the following maxim:
a)
sine qua non
b) condi indespensa
c) quid pro quo
d) obiter dicta
- ‘Utmost good faith’ is the meaning of
which of the following maxim:
a)
Faita uno
b)Uberrima fides
c) Ubi jus ibi remedium
d)
None of the above
- ‘The thing speaks for itself’ is the
meaning of which of the following maxim:
a)
Res integra
b) Res ipsa loquitor
c) Res judicata
d) Res gaestae
- Intra
vires
means:
a)
Having no power
b)
Within the power
c)
Some thing illegal
d)
None of the above
- ‘Judgement
per incuriam’ means:
a)
Judgement delivered ignoring the law
b)
Judgement given by Supreme Court
c)
Decision arrived by the court consisting two or more judges
d)Decision
given on ignorance or forgetfulness of the existence of an earlier decision.
- ‘Malfeasance’ means:
a)
Wrongful act
b)
Malafide act
c)
Either a or b
d)
None of the above
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