Prelims · objective
Kerala Civil Judge Prelims 2016 Question Paper with Answers
100 questions. The first 10 questions are free to attempt. All Kerala Civil Judge papers
Question 1 · Prelims
Acceptance of a gift under Section 122 of the Transfer of Property Act, 1882 should be made -
- (A) during the life time of the donor.
- (B) while the donor is capable of giving.
- (C) during the life time of the donor and while he is capable of giving.
- (D) during the life time of the donor, whether he is capable of giving or not.
Answer: (C) during the life time of the donor and while he is capable of giving.
Question 2 · Prelims
In a case, the plaintiff was able to seek a further relief than a mere declaration of title; but he intentionally omitted to seek the consequential relief. The suit was decreed. The decision of the court is -
- (A) correct
- (B) incorrect
- (C) partly correct
- (D) the court has power to mould the relief by granting consequential relief
Answer: (B) incorrect
Question 3 · Prelims
In Section 3 of the Transfer of Property Act, 1882 "instrument" is defined as -
- (A) non-testamentary instrument.
- (B) both testamentary and non-testamentary instruments.
- (C) testamentary instruments.
- (D) instruments effecting sale, mortgage, lease and gift alone.
Answer: (A) non-testamentary instrument.
Question 4 · Prelims
A criminal court shall take cognizance of an offence under Section 138 of the Negotiable Instruments Act, 1881 -
- (A) upon a complaint in writing by any aggrieved person.
- (B) upon a complaint in writing made by the payee.
- (C) upon a complaint made by the payee or the holder in due course of the cheque.
- (D) upon a complaint, in writing, made by the payee or the holder in due course of the cheque.
Answer: (D) upon a complaint, in writing, made by the payee or the holder in due course of the cheque.
Question 5 · Prelims
Plaintiff in a suit for specific performance of a contract has necessarily to plead and prove that -
- (A) he had been ready and willing to perform his part of the contract at the time when he entered into the contract.
- (B) he shall perform all his obligations in case the suit is decreed.
- (C) he has performed all his obligations under the contract.
- (D) he has performed and has always been ready and willing to perform the essential terms of the contract.
Answer: (D) he has performed and has always been ready and willing to perform the essential terms of the contract.
Question 6 · Prelims
A plaint was rejected under Order 7 Rule 11 CPC finding that it did not disclose a cause of action. What is the remedy available to the aggrieved plaintiff?
- (A) File a revision
- (B) File an appeal
- (C) File a restoration petition
- (D) Anyone of the above
Answer: (B) File an appeal
Question 7 · Prelims
Civil Courts shall have jurisdiction to try all suits of a civil nature -
- (A) excepting the suits of which their cognizance is expressly barred.
- (B) excepting the suits of which their cognizance is impliedly barred.
- (C) excepting the suits of which their cognizance is either expressly or impliedly barred.
- (D) civil courts have jurisdiction to try all suits in spite of an express or implied bar.
Answer: (C) excepting the suits of which their cognizance is either expressly or impliedly barred.
Question 8 · Prelims
Defaulting pawnor's right to redeem lasts upto-
- (A) the time stipulated for payment of debt.
- (B) the time before actual sale of the goods pledged.
- (C) the time before he receives a notice of sale of the goods.
- (D) He can redeem the goods even after sale, if he pays any expenses which had arisen from his default.
Answer: (B) the time before actual sale of the goods pledged.
Question 9 · Prelims
A, a building contractor, contracts with B to build a house for the latter. In spite of making part payments for the work done, A commits a breach of contract and obtains profit. Can B rescind the contract and claim compensation from A for the breach?
- (A) Yes. Since B rightfully rescinded the contract, he is entitled to compensation for damage sustained.
- (B) Yes. He can rescind the contract, but cannot claim compensation.
- (C) If B rescinds the contract, it becomes an unlawful rescission for which he will be liable for damages.
- (D) B's remedy is only to compel A to complete the construction by taking appropriate legal action.
Answer: (A) Yes. Since B rightfully rescinded the contract, he is entitled to compensation for damage sustained.
Question 10 · Prelims
A tenant in a building situated in an area not covered by the Kerala Buildings (Lease and Rent Control) Act, 1965 was ordered to be evicted in a suit at the instance of the landlord. Before execution of the decree, the Act was notified to the area in question. In such a situation, can the tenant be evicted in execution of the decree in the suit?
- (A) He cannot be evicted except in accordance with the provisions of the Act.
- (B) He can be evicted, as the Act was applied to the area subsequent to the decree.
- (C) He can be evicted because the execution court cannot go behind the decree.
- (D) He cannot be evicted because the Munsiff's court is not the executing court as per the Act.
Answer: (A) He cannot be evicted except in accordance with the provisions of the Act.