Prelims · objective

Maharashtra Civil Judge Prelims 2015 Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All Maharashtra Civil Judge papers

1. Question 1 · Prelims

   'Tenant holding over', is:

   1. (A) a trespasser in the eyes of law
   2. (B) erstwhile tenant who after termination of tenancy did not vacate premises
   3. (C) old lessee who despite termination of lease is allowed by lessor to continue possession
   4. (D) tenant at sufferance.

   Answer: (C) old lessee who despite termination of lease is allowed by lessor to continue possession

2. Question 2 · Prelims

   The expression, 'Dying Declaration' means:

   1. (A) Statement made by the person at the time of his death
   2. (B) Declaration of a person in contemplation of death
   3. (C) Statement of the deceased person as to his cause of death
   4. (D) Declaration of a person on the death-bed about disposition of his property.

   Answer: (C) Statement of the deceased person as to his cause of death

3. Question 3 · Prelims

   Adverse inference may be drawn against the party when:

   1. (A) he did not examine himself as witness
   2. (B) he did not participate in the proceeding
   3. (C) he failed to prove material document though produced
   4. (D) material evidence, oral or documentary, not produced though available.

   Answer: (D) material evidence, oral or documentary, not produced though available.

4. Question 4 · Prelims

   The jurisdiction and powers of Judicial Magistrate:

   1. (A) extend throughout the Taluka wherein he is posted
   2. (B) extend throughout the District where he is posted
   3. (C) is co-extensive with the area of the Police Station within his local jurisdiction
   4. (D) extend to the area, as the District Judge may define by special order.

   Answer: (B) extend throughout the District where he is posted

5. Question 5 · Prelims

   What is the effect of acknowledgement of debt after the period of limitation?

   1. (A) It is of no use to bring the claim within limitation
   2. (B) It will give fresh cause of action to file suit
   3. (C) It will extend the period of limitation
   4. (D) None of the above is correct.

   Answer: (A) It is of no use to bring the claim within limitation

6. Question 6 · Prelims

   From an order of an acquittal by the Magistrate in a complaint case, appeal lies with the:

   1. (A) Court of Session
   2. (B) Chief Judicial Magistrate
   3. (C) High Court
   4. (D) District Magistrate.

   Answer: (C) High Court

7. Question 7 · Prelims

   The maxim, 'Ignorantia juris non excusat', means:

   1. (A) Ignorance of fact is no excuse
   2. (B) Ignorance of fact is good excuse
   3. (C) Ignorance of law may be good excuse
   4. (D) Ignorance of law is no excuse.

   Answer: (D) Ignorance of law is no excuse.

8. Question 8 · Prelims

   Opinion of the elderly persons in the society is:

   1. (A) inadmissible in evidence being hearsay
   2. (B) admissible to prove general conduct and character of the parties
   3. (C) admissible to prove general custom or right
   4. (D) inadmissible as their opinion is irrelevant.

   Answer: (C) admissible to prove general custom or right

9. Question 9 · Prelims

   Inherent powers of the Civil Court are:

   1. (A) complementary to the powers specifically conferred, to be used when required to render justice
   2. (B) the powers conferred by the statutes
   3. (C) the powers which are not limited by statutory provisions
   4. (D) plenary powers of the courts.

   Answer: (A) complementary to the powers specifically conferred, to be used when required to render justice

10. Question 10 · Prelims

    Supreme Court issues prerogative writs under Article:

    1. (A) 32 of the Constitution
    2. (B) 141 of the Constitution
    3. (C) 142 of the Constitution
    4. (D) 98 of the Constitution.

    Answer: (A) 32 of the Constitution