– Compiled by Abul Kalam Azad Sulthan (Spicy Law LLP), Advocate, Madurai Bench of High Court of Judicature at Madras.

 

51. Section 2(1)(ZB) of the Trade Mark Act 1999, defines the meaning of

a) Lincece

b) Trade Mark

c) Registration

d) Cancellation

Answer: b

Explanation: The relevant section reads as follows:

(zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours;…
Hence the correct answer is b.

 

 

52. Outrage the modesty of a woman is punishable under IPC

a) Section 376 (a)

b) Section 376 (b)

c) Section 354

d) Section 498

Answer: c

Explanation: Section 354 of IPC reads as follows:

Section 354 in The Indian Penal Code
354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.
Hence the correct answer is c.

53. Section 463 of Indian Penal Code deals with the crime of 

a) House breaking

b) Dishonest misappropriation of property

c) Forgery

d) Forgery with cheating

Answer: c

Explanation: Section 463 of IPC reads as follows:

463. Forgery.— Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Hence the correct answer is c.

 

54. Criminal intimidation is explained in IPC under

a) Section 503 to 506

b) Section 509 to 516

c) Section 319 to 329

d) None of the above

Answer: a

Explanation: Section 503 of IPC details about Criminal Intimidation as follows:

503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim­idation. Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

Section 506 of IPC provides for punishment for Criminal Intimidation as follows:

506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Section 504 speaks about Intentional insult with intent to provoke breach of the peace and Section 505 speaks about Statements conducing to public mischief.

Hence the correct answer is a.

 

55. The case of Krishna Gopal V/s State of MP relates to 

a) Water pollution

b) Air and Water pollution

c) Noise and Air Pollution

d) Water and Noise Pollution

Answer: c

Explanation: It was a complaint by Smt. Tripathi to District Magistrate against air and noise pollution from a boiler installed in a glucose saline manufacturing company installed in a residential locality. Magistrate ordered to close down the factory. In appeal Sessions court ordered to remove the boiler only. A revision petition was filed before the Madhya Pradesh High Court. The Madhya Pradesh High Court restored the Order passed by the Sub – Divisional Magistrate and Revision petition was dismissed.

 

56. What is the punishment for advocates if the established finding of the Bar Council is misappropriation

a) Impose a fine

b) Name of the advocate will be struck off from the rolls

c) Suspension from practice

d) All of the above

Answer: d

Explanation: The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. The disciplinary committee of the State Bar Council, after being heard of both the parties, may:

1.Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed;

2.Reprimand the advocate;

3.Suspend the advocate from practice for such a period as it deems fit;

4.Remove the name of an advocate from the state roll of advocates.

Hence the correct answer is d.

 

57. On being aggrieved by the order of State Bar Council, one can appeal to 

a) High Court

b) Supreme Court

c) Bar Council of India

d) Indian Law Commission

Answer: c

Explanation: Section 37 of the Advocates Act reads as follows:

37. Appeal of the Bar Council of India- Any person aggrieved by an order of the disciplinary committee of a State Bar Council made [(Note:- Subs. by Act 21 of 1964, sec.18, for the words “under sub-section (3) of section 35”.) under Section 35]

 [(Note:- Ins. by Act 60 of 1973, sec.27) or the Advocate General of the State] may, within sixty days of the date of the communication of the order to him, prefer and appeal to the Bar Council of India.

(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass such order [(Note:- Ins. by Act 60 of 1973, sec.27) including an order varying the punishment awarded by the disciplinary committee of the State Bar Council] thereon as it deems fit.

(Note:- Ins. by Act 60 of 1973, sec.27) Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.

 

58. Which Section of Advocates Act provides punishment for misconduct of advocates

a) Section 29

b) Section 35

c) Section 37

d) All of the above

Answer: b

Explanation: The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. The disciplinary committee of the State Bar Council, after being heard of both the parties, may:

1.Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed;

2.Reprimand the advocate;

3.Suspend the advocate from practice for such a period as it deems fit;

4.Remove the name of an advocate from the state roll of advocates.

Hence the correct answer is b.

 

59. Section 24 of Advocates Act deals with 

a) Qualification of advocates who should be enrolled in the bar

b) Qualification to become the Advocate General

c) Qualification to become the Solicitor General of India

d) (b) and (c)

Answer: a

Explanation: Section 24 explains about persons who may be admitted as advocates on a State roll. Hence the correct answer is a.

 

60. Under the Workmen’s Compensation Act, which is helpful decide the extent of injury for compensation

a) Insurance Certificate

b) Medical Examination

c) Medical Certificate

d) (b) and (c)

Answer: d

Explanation: Section 11  of the Workmen’s Compensation Act explains about Medical Examination etc.

 

61. Section 23 of Workmen Compensation Act 1923 says that the Commissioner shall have the power of 

a) A Court

b) A Tribunal

c) A Quasi judicial forum

d) All of the above

Answer: a

Explanation: Section 23 of the Workmen’s Compensation Act 1923 reads as follows:

23. Powers and procedure of Commissioners.- The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908 ), for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898 )].

 Hence the correct answer is a.

 

 

62. The objective of the Industrial Disputes Act 1947 is 

a) Industrial peace and economic justice

b) To create harmonious relation between employer and employee

c) To prevent illegal strike or lockout etc.,

d) All of the above

Answer: d

Explanation: The objective of the Industrial Disputes Act 1947 is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations. This act deals with the retrenchment process of the employees, procedure for layoff, procedure and rules for strikes and lockouts of the company.

Hence the correct answer is d.

 

63. Section 2(q) of Industrial Disputes Act 1947 provides the definition of 

a) Lock out

b) Lay off

c) Strike

d) Hartal

Answer: c

Explanation: Section 2(q) of the Industrial Disputes Act 1947 reads as follows:

(q) “strike” means a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal, under; a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;

Hence the correct answer is c.

 

64. The Land Acquisition Act came into force from

a) 1st March 1955

b) 1st March 1986

c) 1st March 1994

d) 1st March 1894

Answer: d

Explanation: The Land Acquisition Act, 1894 came into force on the first day of March, 1894. Hence the correct answer is d.

65. Under the Land Acquisition Act, the ‘arable land’ means

a) Useful for residential purpose

b) Useful for commercial purpose

c) Useful for cultivation

d) Useful for industrial purpose

Answer: c

Explanation: Under Sub Section 3 (aa) of the Land Acquisition Act, 1894 reads as follows:

the expression ‘arable land’ means land fit for cultivation, whether in fact cultivated or not; and includes garden land”;

Hence the correct answer is c.

 

66. The provision of establishing Public Service Commission is made under

a) Article 310

b) Article 315

c) Article 320

d) Article 325

Answer: b

Explanation: The Article 315 of the Constitution of India reads as follows:

Article 315 in The Constitution Of India 1949 315. Public Service Commissions for the Union and for the States

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law

(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question

Hence the correct answer is b.

 

67. Right to personal liberty includes

a) Right against custodial violence

b) Right of under trials to separate them from convicted

c) Right against Public hanging

d) All of the above

Answer: d

Explanation: Article 21 of the Constitution of India reads as follows:

21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law

Moreover the Rajasthan High Court, by an order directed the execution of the death sentence of an accused by hanging at the Stadium Ground of Jaipur. It was also directed that the execution should be done after giving widespread publicity through the media. On receipt of the above order, the Supreme Court in Attorney General of India v. Lachma Devi[xciii] held that the direction for execution of the death sentence was unconstitutional and violative of Article 21.

The incidents of brutal police behavior towards persons detained on suspicion of having committed crimes are a routine matter. There has been a lot of public outcry from time to time against custodial deaths. The Supreme Court has taken a very positive stand against the atrocities, intimidation, harassment and use of third-degree methods to extort confessions. The Court has classified these as being against human dignity. The rights under Article 21 secure life with human dignity and the same are available against torture.

Hence the correct answer is d.

 

68. The Supreme Commander of the Defence Force of India is

a) President

b) Prime Minister

c) The Defence Minister

d) Chief Marshal

Answer: a

Explanation: Article 53 of the Constitution of India reads as follows:

53. Executive power of the Union

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law

(3) Nothing in this article shall (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President

Hence the correct answer is a.

 

69. Retirement age of Supreme Court Judge is

a) 62 years

b) 60 years

c) 58 years

d) 65 years

Answer: d

Explanation: Article 124 (2) of the Constitution of India reads as follows:

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:

Hence the correct answer is d.

 

70. Criminal Procedure Code is a subject of

a) Concurrent List

b) State List

c) Union List

d) None of the above

Answer: a

Explanation: The Concurrent List or List-III(Seventh Schedule) is a list of 52 items given in the Seventh Schedule to the Constitution of India.It includes the power to be considered by both the central and state government. The Criminal Procedure Code is a subject of Concurrent List.

 

71. Bailable and Non-bailable offence has been defined in

a) Section 2(a) of Cr.PC

b) Section 2(b) of Cr.PC

c) Section 2(c) of Cr.PC

d) Section 20 of IPC

Answer: a

Explanation: Section 2(a) of the Criminal Procedure Code reads as follows:

“bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;

 

72. Under Section 21 of Cr.PC Special Executive Magistrate may be appointed by

a) Central Government

b) High Court

c) Supreme Court

d) State Government

Answer: d

Explanation: Section 21 of the Criminal Procedure Code reads as follows:

The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.

Hence the correct answer is d.

 

73. Police may carry out personal search on an arrested person

a) U/s. 49 Cr.PC

b) U/s. 50 Cr.PC

c) U/s. 51 Cr.PC

d) U/s. 52 Cr.PC

Answer: c

Explanation: Section 51 of Criminal Procedure Code reads as follows:

Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person Arrested cannot furnish bail, And whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail. The officer making the arrests or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Hence the correct answer is c.

 

74. The Special Court is

a) Not subordinate to High Court

b) Superior to High Court

c) Supplement to High Court

d) Equal to Supreme Court

Answer: a

Explanation: “The Special Court constituted under the Special Court (trial of offences relating to transactions in securities) Act, 1992 is not subordinate to the High Court and, therefore, the High Court would have no power under Section 407 of the Criminal Procedure Code (Cr.P.C) to transfer a case from one judge of the Special Court (at Mumbai) to another,” the Supreme Court has ruled. 

“The Special Court is manned by a sitting judge of the High Court” and “on occasions the same judge also takes up matters of the High Court,” the bench observed, adding that “if the judge manning the Special Court is absent or on leave, the duties could be performed by another judge on the High Court by the Chief Justice of the High Court in consultation with the Chief Justice of India.”

“It would therefore not be in the fitness of things that for purposes of Section 407 Cr.P.C, a sitting judge of the High Court performing simultaneous duties be deemed subordinate to the High Court merely because he is trying cases of the Special Court,” the bench said.

Hence the correct answer is a.

 

75. The powers under Section 159 of Cr.PC can be exercised by a Magistrate

a) When the police decides not to investigate the case

b) When the investigation is still going on

c) Both (a) and (b)

d) None of the above

Answer: a

Explanation: This section 159 of Criminal Procedure Code empowers the Magistrate to order an investigation in cases where the police has decided not to investigate the case under proviso to Section 157 (1) of the Code, Alternatively, the Magistrate may choose to proceed with the case himself or depute any Magistrate subordinate to him to proceed to hold a preliminary inquiry in the case.

Hence the correct answer is a.

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