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Law Assistant & Chief Law Asst. Departmental Exam - Multiple Choice Questions - Set-1

1-Arbitration Law

1. 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

Ans-A

2. 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

Ans-D

3 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

Ans-D

4.. Arbitral Tribunal is bound by:

a) CPC

b) Evidence Act

c) a&b

d) None of the above

Ans-D

5. 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

Ans-B


2-CPC

1. Ex parte order can be passed in favour of __

A) Plaintiff

B) Defendant

C) both

D) None

Answer : A

2. Pecuniary jurisdiction of the court has been dealt with under which section of cpc?

A) Sec. 2

B) sec. 7

C) Sec. 6

D) sec.15

Answer : C

3.Section 115 cpc applies only when there is__

A) error in fact

B) jurisdictional error

C) erroneous decision

D) any type of error

Answer: B

4.Bar to further suit is dealt under which section of CPC?

(a) 11

(b) 18

(c)13

(d)12

Answer: d

5.order 11 cpc deals with

a) framing of issues

b) framing of charges

c) framing of suits

d) Pronouncement of Judgement

Answer: c

6.scope of review power is -

A) vast b) broad c) limited d) very limited

Answer : D

7. Which section of cpc deals with oath on affidavit ?

A) 129 B) 139 c) 146 d) 147

Answer: B

8.when suit is duly instituted a summon may be issued to__

A) defendant b) nazir c) plaintiff D) a & b

Answer : A

9.The word 'resides' used in section 19 of cpc for __

a) natural persons b) companies c) none of these d) all the above

Answer: A

10.How many sections are there in CPC?


A) 156 B)157 c)158 d)159

Answer: c

11. 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

Ans-D

12. An order means :

a) Formal expression of any civil court

b) It is not a decree

c) a & b

d) None of the above

Ans-C

13. 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

Ans-A

14. 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

Ans-B

15. Pleadings should state :

a) Facts but not law

b) No evidence

c) a & b

d) None of the above

Ans-C

16. 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

Ans-A

17. Sec 60 of CPC deals with:

a) Attachment of property

b) Auction of buildings

c) Declaring a person pauper

d) None of the above

Ans-A

18. Garnishee means :

a) Judgement debtor

b) Decree holder

c) Judgement debtor’s debtor

d) None of the above

Ans-C

19. 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

Ans-D

20. 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 India

b) Designation of the authority

c) Name of the authority

d) Any of the above

Ans-A

21. 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

Ans-A

22. 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

Ans-C

23. 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

Ans--B

24. 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

Ans-A

25. 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

Ans-D

26. 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

Ans-A

27. 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

Ans-A

28. 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

Ans-B

29. 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

Ans-B

30. 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

Ans-A

31. 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.

Ans-C

32. 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

Ans-B


33. 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

Ans-C

34. 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.

Ans-C

35. 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.

Ans-D


3-Indian Constitution

1. Fundamental duties were added by which act?

A) 40th amendment act

B) 43rd amendment act

c) 42nd amendment act

D) 46th amendment act

Answer: c

2.Which article of the constitution abolishes untouchability?

A) art.18 b) art.17 c)art15 d)art19

Answer: b

3. Fundamental rights are provided in which part of the Constitution ?

A) part II

B)part III

C) Part IV

D) Part V

Answer : B

4.How many freedoms are given by article 19?

A) 4

B) 5

C) 6

D)7

Answer: C

5.Which provision taken from weimer constitution of Germany ?

A) emergency

b) amendment

c) preamble

d) concurrent list

Answer: A

6. Right to life and personal liberty is provide under which article?

A) article 12

B) article 13

C) article 20

D) article 21

Answer : D

7.which part of the Constitution is known as heart of the constitution ?

A) Part II

B) Part III

C) Part IV

D) Part IVA

Answer: B

8.Test of reasonableness is an important consequence of which article ?

A) 11

B) 12

C) 13

D) 14

Answer: D



9.Which article provides for positive discrimination?

A) article 14(2)

B) article 15(3)

C) article 21

D)article 22

Answer: B

10. The tenure of a member of the Rajya Sabha is _

A) 3 years

B) 5 years

C) 6 years

D) 4 years

Answer : C

11. The Chairman of the drafting committee of constituent assembly of India was:

a) Dr.B.R.Ambedkar

b) Sri Babu Rajendra Prasad

c) Dri Sarvepalli Radha Krishnan

d) Sri Jawaharlal Nehru

Ans-A

12 The term “State’ defined in:

a) Article 12

b) Article 13

c) Article 14

d) Article 15

Ans-A

13 An appeal from the order of CAT lies to:

[a] High Court

[b] Supreme Court

[c]Industrial Tribunal [d] Rly Board.

Ans-A

14.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

Ans-A

15.Equality of opportunity in matters of public employment is provided in:

a) Article 14

b) Article 15

c) Article 16

d) Article 17

Ans-C

16. ‘Creamy layer’ concept was expounded by Supreme Court in:

a) Indira Sawaney Vs.UOI

b) Balaji Vs. State of Mysore

c) Devasan Vs.UOI

d) Akhil Bharatiya Karmachari Sangh Vs.UOI

Ans-A

17 The Supreme Court in the following case, held that reservation shall not exceed 50%:

a) Balaji Vs. State of Mysor

b) Devadasan Vs UOI

c) State of Kerala Vs.N.M.Thomas

d) Indira Sawaney Vs.UOI

Ans-D

18. 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

Ans-B

19. 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

Ans-B

20. “Right to pollution free air” falls under which Article of Constitution:

a) Article 21

b) Article 22

c) Article 23

d) Article 24

Ans-A

21. Dr. Ambedkar, Chairman of the drafting committee of constituent assembly of India, describes which Article is the very heart of the Constitution of India:

a) Article 32

b) Article 226

c) Article 14

d) Article 16

Ans-A

22. 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

Ans-B

23. 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

Ans-D


24. 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

Ans-D

25. All contracts made in the exercise of the executive power of the Union

shall be expressed to be made by:

a) The President

b) The Governor

c) Principal Secretary Concerned to the UOI

d) Minister concerned

Ans-A

26. Government of India may sue or be sued by the name of the Union of

India under which Article:

a) Article 299

b) Article 300

c) Article 302

d) None of the above

Ans-B

27 ‘Doctrine of pleasure’ was initially originated in which of the following

country:

a) France

b) Great Briton

c) America

d) India

Ans-B

28. In which Article, the provisions relating to dismissal, removal, or reduction in rank of persons employed in civil capacity under the Union or State is dealt with

a) Article 309

b) Article 310

c) Article 311

d) Article 312

Ans-C


29. 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

Ans-D

30. Which Article of the Constitution states that “the official language of the

Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purpose shall be the international form of Indian numerals” :

a) Article 340

b) Article 343

c) Article 344

d) Article 345

Ans-B

31. ‘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) Kesavananda Bharathi Sripadagalavaru Vs.State of Kerala

c) Minerva Mills Vs.UOI

d) Indira Gandhi Vs. Raj Narain

Ans-B

32. 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

Ans-B

33. Govt. contracts are governed by Article __________ of Constitution of

India.

[a]300 [b] 301 [c] 311 [d] 299

Ans-D

34. 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

Ans-C


4-Contract law

1.Which one of the following element is not necessary for a contract ?

A) Competent parties

B) Reasonable terms and conditions.

C) Free consent

D) Lawful concentration .

Answer : B

2. An agreement becomes a contract if :

A) It is by free consent of the parties.

B) Parties are competent.

C) It is enforceable by law.

D) None of the above .

Answer : C

3. Under the Contract Act, a contract of Indemnity is defined in Section :

A)126

B)127

C) 128

D) 124

Answer: D

4. The correct sequence in the formation of a contract is :

A) Offer, acceptance, agreement, consideration.

B) Agreement, consideration, offer,acceptance.

C) Offer , Consideration, acceptance, agreement.

D) Offer,acceptance, consideration, agreement.

Answer :D

5. A Contract of guarantee may be :

A) oral

B) Written

C) Oral or written

D None of these

Answer: Option [C]

6. agreement enforceable by law is called

A. An agreement

B. Contract

C. Both (a) and (b)

D. None of above

Answer: B

7. Section 5, of the Contract Act, deals with

A. Communication of contract

B. Acceptance of contracts

C. Revocation of proposals and acceptances

D. None of above

Answer: c

8. Agreement without consideration is

A. Void B. Voidable

C. Valid D. None of above

Answer: B


9. Contingent Contract is defined is section__of The Contract Act.

A. 25

B. 26

C. 27

D. None of above

Answer :D

10. Starting point of an agreement is:

a) Invitation to offer

b) Offer/proposal

c) Acceptance

d) None of the above

Ans-B

11. 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

Ans-A

12. An agreement not enforceable by law is:

a) A valid agreement

b) A void agreement

c) A voidable agreement

d) None of the above

Ans-D

13. 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) Sec 57

Ans-B

14. To be a valid contract, an agreement must be have:

[a] Consideration [b] Lawful object [c] Free consent

[d] All.

Ans-D

Set-1

5-Law of Evidence

(1) The term 'Admission' is defined in the Indian Evidence Act, 1872 in :

[A] Section 16

[B] Section 17

[C] Section 18

[D] Section 20

Answer: Option [B]

(2) Section 75 of the Indian Evidence Act, 1872 deals with :

[A] Public documents

[B] Private documents

[C] Certified copies of Public documents

[D] Proof of other official documents

Answer: Option [B]

(3) Section 23 of the Indian Evidence Act, 1872 deals with :

[A] Relevance of admission in Civil Cases

[B] Relevance of Oral Admissions as to Contents of Documents

[C] Relevance of Oral Admissions as to Contents of Electronic Records

[D] None of the above

Answer: Option [A]

(4) The examination of a witness by the Adverse Party shall be called his :

[A] Examination-in-Chief

[B] Cross-Examination

[C] Re-Examination

[D] None of these Comment

Answer: Option [B]

(5) A Witness who is unable to speak is called :

[A] Deaf Witness

[B] Dumb Witness

[C] Hostile Witness

[D] Unreliable Witness Comment

Answer: Option [B]

6) Which section of evidence act defines estoppel ?

A) 115

B) 118

C) 119

D) 120

Answer: A

7) under which section the terms "may presume" and "shall presume" are defined?

A) section 2

B) section 3

C) section 4

D)section 5

Answer: C

8) which section of evidence act says that oral evidence must be direct?

A) s.59

B)s.60

Set-1

C)s.61

D) s.62

Ans-B

9.Section 63 of Indian evidence act talk about _

A) Primary evidence

B) Secondary Evidence

C) Presumption

D) opinion of experts

Answer :B

10.Which section talks about number of witnesses ?

A. 132

B. 133

C. 134

D. 135

Answer : C

Set-1

6-Payment of Wages Act

1. Main object of the payment of wages act is-

(i) Payment of wages to the employed workmen

(ii) Payment of wages at regular interval

(iii) Prohibit the unauthorised deduction from wages

(iv) The wages must be in proportion to the quantity of work.

A. i, ii, & iii only

B. ii, & iii only

C. All the above

D. None of the above Ans-A

2. What does not come under definition of wages-

A. Any remuneration payable under award or settlement between the parties or Court.

B. Any remuneration to his the person employed is entitle in respect of over time or holiday or any leave period.

C. Any additional remuneration under the employment.

D. Any contribution paid by the employer to any pension or PF and interest which may accrued thereon.

Ans-D

3. Normal limitation period for claims relating to payment of wages is-

A. 1 Month

B. 6 Month

C. 3 Month

D. 1 year

Ans-B

4. An appeal against the order or direction of authority under payment of wages act lies before-

A. High Court

B. Small causes Court in presidency down or District Court.

C. Administrative Tribunal

D. CGIT

Ans-B

5. Payment of wages act was enacted in the year-

A. 1940

B. 1936

C. 1947

D. 1985

Ans-B

Set-1

7-Employees compensation act

1. Theory of Notional extension is applying in-

A. Payment of compensation to the employees during injury

B. Payment of wages to the employed workmen

C. Payment of minimum rate of wages for time work

D. None of the above

Ans-A

2. Who appoints ‘commissioner’ under the employees compensation Act-

A. Central Government

B. General Manager of Zonal Railway

C. State Government

D. High Court

Ans-C

3. Appeal against the order of commissioner under employees compensation Act lies with-

A. High Court

B. District Judge

C. Supreme Court

D. Secretory ministry of labor

Ans-A

4. Time limit of appeal under employees compensation Act against the order of commissioner is……………days.

A. 90

B. 30

C. 60

D. 365

Ans-C

5. Compensation under employees compensation Act shall be paid by the employer when due within-

A. 3 Month

B. 1 Month

C. 6 Month

D. 12 Month

Ans-B

6. Payment of compensation in respect of employee whose injury has resulted in death shall be made to-

A. Dependent(s) directly

B. Commissioner appointed under the EC Act

C. District Judge

D. Bank Account of dependent(s)

Ans-B

Set-1

8-Indian Railway Act

01. 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.

Ans-C

02. 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

Ans-D

03. 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

Ans-A

04. 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

Ans-B

05. 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

Ans-C

06. 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.

Ans-C

07. 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.

Ans-B

08. Maximum carrying capacity of wagons and trucks shall be fixed under Sec. 72 [1] of Rlys Act by:

Set-1

[a] General Manager

b) Railway Board [c] Central Govt. [d] State Govt.

Ans-C

09. 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

Ans-C

10. 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

Ans-D

11. Responsibility of a Railway Administration after termination of transit is governed by Sec_________ of Railways Act.

[a] 99

[b] 98 [c] 97 [d] 96

Ans-A

12. Exceptions to General responsibility of a Railway Administration as carrier of goods are enumerated under Sec:

[a] 91

[b] 92 [c] 93 [d] 94

Ans-C

13. 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

Ans-A

14. 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

Set-1

Ans-D

15. 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

Ans-D

16. 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

Ans-A

17. 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

Ans-C

18. 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.

Ans-D

19. 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.

Ans-B

20. 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

Ans-C

Set-1

9-Law of Tort

1. Tort is a violation of

A) Right in rem

B) right in personal

C) both

D) none

Answer: A

2. Obstruction of light and air constitutes-

A) trespass

B) negligence

C) public nuisance

D) private nuisance

Answer: D

3.To constitute a tort in nuisance what is not required?

A) reasonable interference

B) unreasonable interference

C) both

d) none

Answer : A

4. Ashby v. White is a case related to what?

A)volenti non fit injuria

B) injuria sine dalni

C) damnum sine injuria

D) none

Answer: b

5.Damnum sine injuria means -

A) injury without damage

B) damage without injury

C) none

Answer: B

6.The word 'tort' comes from the word 'tortum' which means-

A) to hide

B) to twist

C) to think

D) all of the above

Answer: B

7.Which case is related to strict liability?

A) jookes v. Been and

B) ryland v. Fletcher

C) pasley v Freeman

Answer: B

8.Tort is a __

A) civil wrong

B) criminal wrong

C) both

Set-1

D)none

Answer: A

9.Ibi jus ubi remedium means -

A) where there is right there is remedy

B) where there is duty there is remedy

C) both

D) none

Answer : A

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