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

  1. Question 1 · Prelims

    Acceptance of a gift under Section 122 of the Transfer of Property Act, 1882 should be made -

    1. (A) during the life time of the donor.
    2. (B) while the donor is capable of giving.
    3. (C) during the life time of the donor and while he is capable of giving.
    4. (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.

  2. 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 -

    1. (A) correct
    2. (B) incorrect
    3. (C) partly correct
    4. (D) the court has power to mould the relief by granting consequential relief

    Answer: (B) incorrect

  3. Question 3 · Prelims

    In Section 3 of the Transfer of Property Act, 1882 "instrument" is defined as -

    1. (A) non-testamentary instrument.
    2. (B) both testamentary and non-testamentary instruments.
    3. (C) testamentary instruments.
    4. (D) instruments effecting sale, mortgage, lease and gift alone.

    Answer: (A) non-testamentary instrument.

  4. Question 4 · Prelims

    A criminal court shall take cognizance of an offence under Section 138 of the Negotiable Instruments Act, 1881 -

    1. (A) upon a complaint in writing by any aggrieved person.
    2. (B) upon a complaint in writing made by the payee.
    3. (C) upon a complaint made by the payee or the holder in due course of the cheque.
    4. (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.

  5. Question 5 · Prelims

    Plaintiff in a suit for specific performance of a contract has necessarily to plead and prove that -

    1. (A) he had been ready and willing to perform his part of the contract at the time when he entered into the contract.
    2. (B) he shall perform all his obligations in case the suit is decreed.
    3. (C) he has performed all his obligations under the contract.
    4. (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.

  6. 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?

    1. (A) File a revision
    2. (B) File an appeal
    3. (C) File a restoration petition
    4. (D) Anyone of the above

    Answer: (B) File an appeal

  7. Question 7 · Prelims

    Civil Courts shall have jurisdiction to try all suits of a civil nature -

    1. (A) excepting the suits of which their cognizance is expressly barred.
    2. (B) excepting the suits of which their cognizance is impliedly barred.
    3. (C) excepting the suits of which their cognizance is either expressly or impliedly barred.
    4. (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.

  8. Question 8 · Prelims

    Defaulting pawnor's right to redeem lasts upto-

    1. (A) the time stipulated for payment of debt.
    2. (B) the time before actual sale of the goods pledged.
    3. (C) the time before he receives a notice of sale of the goods.
    4. (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.

  9. 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?

    1. (A) Yes. Since B rightfully rescinded the contract, he is entitled to compensation for damage sustained.
    2. (B) Yes. He can rescind the contract, but cannot claim compensation.
    3. (C) If B rescinds the contract, it becomes an unlawful rescission for which he will be liable for damages.
    4. (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.

  10. 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?

    1. (A) He cannot be evicted except in accordance with the provisions of the Act.
    2. (B) He can be evicted, as the Act was applied to the area subsequent to the decree.
    3. (C) He can be evicted because the execution court cannot go behind the decree.
    4. (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.