Prelims · objective

Odisha Civil Judge Prelims 2014 Question Paper with Answers

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

1. Question 1 · Prelims

   Find out the correct remainder of the statement. "The object of investigation is":

   1. (A) To collect evidence that aids the court in finding out the truth
   2. (B) To collect information that helps in punishing the person
   3. (C) To collect the information to arrest the person
   4. (D) None of the above

   Answer: (A) To collect evidence that aids the court in finding out the truth

2. Question 2 · Prelims

   "The DNA test cannot rebut the conclusive presumption envisaged under S. 112 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof." It was so held in which case:

   1. (A) Shaik Fakruddin v. Shaik Mohammed Hasan AIR 2006 AP 48
   2. (B) Siddaramesh v. State of Karnataka (2010) 3 SCC 152
   3. (C) Kailash v. State of Madhya Pradesh AIR 2007 SC 107
   4. (D) Somwanti v. State of Punjab, AIR 1963 SC 151

   Answer: (B) Siddaramesh v. State of Karnataka (2010) 3 SCC 152

3. Question 3 · Prelims

   Under Section 37 of Cr. P. C., every person is bound to assist a Magistrate or Police Officer in the taking or preventing the escape of any other person whom such Magistrate or Police Officer is authorized to arrest:

   1. (A) In the prevention or suppression of a breach of peace
   2. (B) In the prevention of any injury to be committed to any railway, canal, telegraph or public property
   3. (C) In all the above cases
   4. (D) None of the above

   Answer: (C) In all the above cases

4. Question 4 · Prelims

   "The doubt, the benefit of which the accused is entitled, must be such as, rational thinking, sensible man may fairly and reasonably entertain, not the doubts of a vacillating mind that has not the moral courage to decide but shelters itself, in a vain and idle skepticism. There must be doubt which a man may honestly and conscientiously entertain.":

   1. (A) Cockburn
   2. (B) Lord Halsbury
   3. (C) Lord Black
   4. (D) None of the above

   Answer: (D) None of the above

5. Question 5 · Prelims

   Indian Constitution was enacted and adopted on:

   1. (A) 26th January, 1950
   2. (B) 26th November, 1949
   3. (C) 15th August, 1947
   4. (D) 14th August, 1947

   Answer: (B) 26th November, 1949

6. Question 6 · Prelims

   Supreme Court of India permitted passive euthanasia subject to certain guidelines in the case of:

   1. (A) Aruna Ramachandra Shanbaugh v. Union of India
   2. (B) Gian Kaur v. State of Punjab
   3. (C) P. Rathinam v. Union of India
   4. (D) Maruti Sripati Dubal v. State of Maharashtra

   Answer: (A) Aruna Ramachandra Shanbaugh v. Union of India

7. Question 7 · Prelims

   F. I. R. under Section 154 of the Cr. P. C. is not a substantive piece of evidence. Its only use is to contradict or corroborate the matter thereof. Held in ______ case.

   1. (A) Shambhu Dass v. State of Assam, AIR 2010 SC 3300
   2. (B) Ravishwar Manjhi v. State of Jharkhand AIR 2009 SC 1262
   3. (C) State of Karnataka v. K. Yarappa Reddy 1999 (8) SCC 715
   4. (D) Sheelam Ramesh v. State of Andhra Pradesh 1999 (8) SCC 369

   Answer: (A) Shambhu Dass v. State of Assam, AIR 2010 SC 3300

8. Question 8 · Prelims

   Propositions regarding confession of a co-accused, not required to be on oath and cannot be tested by cross examination are:\n(i) Is no evidence within the meaning of S.3 of Evidence Act and cannot be the foundation of a conviction\n(ii) The only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists\n(iii) Is a weak type of evidence and is much weaker than the evidence of an approver

   1. (A) Only (ii) and (iii) are correct
   2. (B) Only (i) and (iii) are correct
   3. (C) Only (i) and (ii) are correct
   4. (D) (i), (ii) and (iii) are correct

   Answer: (D) (i), (ii) and (iii) are correct

9. Question 9 · Prelims

   ______ is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

   1. (A) Joint suit
   2. (B) Representative suit
   3. (C) Collusive suit
   4. (D) Collective suit

   Answer: (B) Representative suit

10. Question 10 · Prelims

    ______ confers the power upon the High Court to transfer cases and appeals:

    1. (A) Section 406
    2. (B) Section 407
    3. (C) Section 405
    4. (D) Section 404

    Answer: (B) Section 407