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Crime

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0% found this document useful (0 votes)
42 views12 pages

Crime

crime

Uploaded by

Himanshu latwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ST.

GREGORIOS SCHOOL , DWARKA


PRE BOARD TEST ( 2021 – 2022 )
SUBJECT : LEGAL STUDIES
CLASS : XII A Max Marks : 40
DATE : 26.10.2021 TIME : 90 MINS
General Instructions :
Total questions : 60
Questions to be attempted : 50
Maximum Marks : 40
Section-A
Total questions : 24
Questions to be attempted : 20
1. A agrees to sell a tract of land to B but owing to some Governmental policy this tract of
land has been taken by the government for some official purpose. What was the mode of
discharge of contract in the above situation?
a. Discharge by Breach of Contract
b. Discharge by Impossibility of Performance
c. Discharge by Agreement
d. Discharge by Lapse of time.

2. Two disputing parties located in different cities want to engage a mediator. The
parties to the dispute and the mediator are unable to meet each other due to physical
disability of one of the parties. Which type of mediation should they resort
to?
a. Evaluative b) Facilitative c) Online d) Mediation with arbitration

3. Dipesh offers to give his house to Kabir for five years. Kabir in consideration of the
house agrees to pay a certain amount of money. State the basis of transfer in the
following case:
a. Sale
b. Lease
c. Gift
d. Exchange

4. The 1998 Presidential Reference case emphasized upon


a. Primacy to the Executive in appointment of Judges
b. Primacy to the chief justice of India in the appointment of judges
c. Primacy to an integrated participatory consultative process
d. Primacy to Legislature in appointment of judges
5. Varun sold 50 trees to Arjun, which were cut and taken away by Arjun, to be
used as timber. Which legislation will govern this transaction?
a. Sale of Goods Act, 1930
b. Transfer of Property Act, 1882
c. Indian Penal Code, 1860
d. Law of Torts

6) Aadwik sells his bike for a consideration of Rs 50,000 to his friend Sandeep, whereas
the market price of the said bike is Rs 75,000. The above agreement is :
a) not enforceable as Aadwik cannot sell his bike below the market price.
b) enforceable as the consideration need not be adequate, but should be real.
c) not enforceable as it is an unlawful consideration.
d) enforceable as the consideration is adequate and reasonable as the bike is not brand new.

7) If the accused is allowed to be withdrawn from prosecution, prior to framing of charges,


it is called
(a) Acquittal

(b) Plea Bargaining

(c) Discharge

(d) Conviction

8) Radha buys an air conditioner and realizes it isn‟t cooling as it is defective. She tries to
return it or have the company fix it, but doesn‟t succeed. She talks with the salesperson,
speaks with the manager, and writes mails to the company, and still she is not satisfied with
the company‟s response. The disputing parties agree to refer the dispute to a neutral third
party, Mr. Rangnathan who evaluates their case and directs them towards settlement. Identify
the type of mediation:
a) Facilitative Mediation
b) Evaluative Mediation
c) Ad-hoc Mediation
d) Mediation arbitration

9) This very concept of settlement of dispute through mediation, negotiation or through


arbitral process known as decision of " _________________" is conceptualized and
institutionalized in the philosophy of Lok Adalat
a. Nyaya Panchayat
b. Lok Sabha
c. Rajya Sabha
d. Supreme Court

10) Under this scheme of __________ the decisions, orders and judgments developed by the
judges helps India help in the creation and development of laws and legal principles, which
becomes binding precedents for all subordinate courts in the hierarchy.
a) Common Law System
b) Unified Judicial System
c) Integrated Judicial System
d) Civil Law System
11) Which of the following is an example of trespass to chattels?

a. Ram walks in front of Raj’s house, staying on the sidewalk.


b. Joy hunts on Ram’s land without Ram’s permission.
c. John paints the car of Raghav that was parked on the side of the street without
Raghav’s consent.
d. Lisa walks into Heather’s house, who has invited her over for lunch.

12) Under which category of crime will betting on sports, illegal sale of firearms and
Hawala case come?
a. White collar crimes
b. Crime against person
c. Crime against property
d. Organised Crime

13. Which Committee recommended the formation of the Central Vigilance Commission
as the apex vigilance institution?
a. Setalvad b) Santhanam c) Mandal d) None of these

14. The National judicial Education Strategy does not provide judicial education to which
of the following ?
a. Supreme Court Judges
b. High Court Judges
c. District Judiciary
d. State Judicial Academies

15. If street hawkers are evicted without rehabilitation, which right of theirs is
violated?
a. Life b) Education c) Freedom d) Equality
16. Which of the following is not within the jurisdiction of the State High Court?
a) It can hear appeals from lower courts.
b) It can issue writs for restoring Fundamental Rights.
c) It can decide the river water dispute between the two states
d) It exercises superintendence and control over courts below it

17. Tribunals are referred to as quasi judicial bodies because :


a) They do not function in a judicial capacity.
b) They do not hear relevant legal matters.
c) They may consist of judges without a legal background
d) They do not settle claims between parties.

18. An institution settles motor accident claims. The decision of this institution is binding
on the parties and the body is presided by sitting or retired judicial officers.
a) Lok Adalat
b) Lokpal
c) Lokayukta
d) None of the above
19. In an adversarial dispute resolution model, the knowledge and experience of a judge is
not fully utilized. Give reason for the statement.
a. This creates an in-built discrimination among the litigants
b. Judge only evaluates the matter based on the evidence presented before him/her
c. Lawyers follow a number of procedural formalities like cross examination etc.
d. None of the above.

20. A statutory body was created consisting of an eminent judicial member of impeccable
integrity as its chairman and 8 other members, out of which 4 were judicial members.
Identify the body.

(a) Lok Adalat


b) PIL committee
c) State Administrative Tribunal
d) Lokpal

21) The _____________ Committee suggested the increase in the retirement age of Supreme
Court judges from 65 to 68.
a) Venkatachalliah b) Setalvad c) Santhanam d) Ramaswamy

22) Part II of the Indian Evidence Act deals with Tribunals :


A) What facts may or may not be proved
B) By whom and in what manner must the evidence in produced
c) How the relevant facts are to be proved
d) Procedure for production of evidence .

23)“A man is sinking in the swimming pool of a resort. A boy who is standing beside the
pool does not make any attempt to save the man.” What kind of omission has the boy
committed according to Section 32 of IPC?

a. Legal
b. Illegal
c. Moral
d. Immoral

24) Assertion (A)- A accuses B of trespass to land when B extends his balcony to
encroach upon A’s air space.
Reasoning (R)- The invasion in trespass to land can happen with objects in the
area of air above a person's property.
(a) Both A and R are correct and R is the correct explanation of A.
(b) Both A and R are correct but R is NOT the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Section-B
Total questions : 24
Questions to be attempted : 20
1. Match Part A with Part B with the most suitable option:

PART A PART B
I. Ombudsman A. Legislation to govern the process of arbitration
in India
II. Arbitration and Conciliation Act, B. Legislation to combat acts of bribery and
1996 corruption
III. National Legal Service C. Provides legal services and legal aid through
Authority Lok Adalat
IV. The Lokpal and Lokayukta Act D. Chief Vigilance Officer in the banking sector
a. I.-A; II-B; III-C; IV-D
b. I.-B; II-D; III-C; IV-A
c. I.-D; II-A; III-C; IV-B
d. I.-A; II-D; III-B; IV-C

2. Raghav and his two friends, Ravi and Prakash, were arrested by Police on the charges
of kidnapping and abduction of a minor girl. A conversation between Raghav and his
friends was overheard by a rag picker while they were discussing the further course of
action in a junk yard. The rag picker informed the police and the three were arrested.
Ravi, told the Inspector that if taken to Kodaikanal, he would show the spot where the
minor girl was kept.
Identify nature of evidence presented by Ravi in the given situation.
a. Judicial confession
b. Extra-Judicial confession
c. Both (a) and (b)
d. None of the above

3. Tushar is a Delhi Government employee working as a research analyst at Krishi


Anusandhan Kendra (Institute), Delhi. He was given a rent-free accommodation
having five rooms. Tushar sublet two rooms to the students studying in the institute at
a nominal rent. The matter was reported to the State Administrative Tribunal. He was
suspended for a month and was asked to vacate the accommodation. Tushar wants to
appeal against the decision of the State Administrative Tribunal. Where should he
appeal?

a. Central Administrative Tribunal


b. Division Bench of Supreme Court of India
c. Division Bench of High Court of Delhi
d. No appeal is allowed in Alternate Dispute Resolution mechanisms.
4) ‘A’ sells his farmhouse to ‘B’ which consisted of mango orchards, meant primarily
for selling the produce of the orchards. Identify which law will govern this
transaction:
a) Sale of Goods Act
b) Transfer of Property Act
c) Indian Contract Act
d) Consumer protection Act

5. X’ plans to kill his enemy ‘Y’. With the clear intention of murder, ‘X’ buys all the
equipment necessary to carry out his plan. He also decides on a particular time, place
and manner in which he will commit the crime.

a. ‘X’ is guilty of a criminal act as he purchased the murder equipment.


b. ‘X’ is guilty of a criminal act as he carefully planned the murder of ‘Y’.
c. ‘X’ is not guilty as he has made no attempt to kill ‘Y’.
d. ‘X’ is guilty because he had the intention to kill ‘Y’.

6. Domestic Arbitration means-


a. An arbitration in which at-least one of the disputing parties is a resident/body corporate of
a country other than India.
b. An arbitration which is mandatorily imposed on the parties by operation of a particular law
or statute, applicable to them.
c. An arbitration with Indian parties, where the place of arbitration is in India and rules
applicable are Indian.
d. An arbitration where proceedings are conducted in a place outside India and the award is
required to be enforced in India.
7. Which one of the following is not applicable to Public Interest Litigation?
a) Constitutional obligation of the Judiciary towards the marginalised sections of society.
b) Locus standi
c) Public spirited citizens can move the court on behalf of the poor.
d) Judiciary overlooks a strict construction of procedural formalities in entertaining petitions.

8. courts are the lowest in terms of handling matters of a civil


nature and function below the subordinate courts.
a. Junior Civil Judge court
b. Second Class Judicial Magistrate Court
c. Munsiff Court
d. District Court

9. Discharge of a contract by impossibility of performance can NOT take place


in which of the following ways?
a. Destruction of subject matter
b. Merger
c. Death or incapacity
d. Outbreak of war

10. Gaurav Mishra, a reputed Minister of Union was found involved in matters involving
India’s internal security. Rakesh, a public-spirited citizen of India wants to have a fair
inquiry in this matter but he does not what to do. With reference to this situation,
identify the best remedy available to Rakesh.

a. File a civil case


b. File a complaint with Ombudsman
c. File a complaint with Lokpal
d. There is no remedy

11. Rahul is facilitating an alternative dispute resolution in which parties appoints a


neutral third party who does not evaluate a case but facilitates the conversation
between the parties. Here the parties in dispute control both what will be discussed
and how their issues will be resolved. Identify the mechanism.

a) Arbitration with Mediation


b) Evaluative Mediation
c) Transformative Mediation
d) None of these
12) There was a dispute between Ms. Udita and Mr. Bhavesh regarding title and possession
of immovable property. The parties to the dispute, out of their freewill appointed Mr. Punit, a
neutral third party to resolve their dispute. Mr. Punit acted not only as an interventionist but
also suggested potential solutions to the parties in order to resolve their claims and disputes
a) Mediation
b) Arbitration
c) Conciliation
d) None of the above
13) Raj and Catherine have been married for two years. Catherine, who is a British
citizen, is an educated and very career oriented girl. She had been working as a
CEO in an MNC before her marriage and Raj had convinced her that she can
pursue her career after marriage, However, after her marriage to Raj she realized
that Raj’s parents are strictly against women working in public domain. She tries to
convince Raj but he took his parents’ side. Catherine is heartbroken but does not
believe in breaking her relationship with Raj either. Identify the method of
Alternative Dispute Redressal which is most suitable in the above given situation.
(a) Arbitration
(b) Mediation
(C) Conciliation
(d) TribunaI
14) Which of the following tribunals flourishing in vedic age specialised in the disputes for
internal disputes in business, corporation of artisans :

a. Kula
b. Shreni
c. Puga
d. Panchayat

15) The husband and wife went on leave to USA and the wife fell ill in USA. The doctors
who treated the wife advised her to take full bed rest and remain in USA in order to continue
the treatment. The wife stayed in USA. When the leave was over, the husband went to India
where he was employed and promised to send a sum of Rs. 30,000 to the wife every month
for her stay in USA. the amount for some time and later on due to differences and
misunderstanding between them, the husband stopped sending the amount. The wife initiated
a suit to recover the arrears due to her. Will the court regard it as a legal agreement?

a) No, as the arrangement between the husband and wife was only verbal
b) Yes, the husband has promised his wife
c) Yes, as offer was husband has given an offer to his wife verbally
d) No, as the arrangement between the husband and wife was only a moral obligation
and was never intended to create any legal relationship.

16) Ram, 26 years old, enters into an agreement with Rita, 28 years old, to share the profits
by giving false assurance to the public to get them a job in one of the reputed companies of
Dubai. Is this contract valid?
[[

a) Yes, both Ram and Rita are competent and they can into any contract
b) No, as terms of the contract is not stated well
c) Yes, as both parties are competent and consideration is also involved here.
d) No, the agreement involves unlawful activity and hence it’s void

17) is an essential legal formality during which the parties to the


transfer must be present to affix their signatures in the document and complete
the transaction with regard to immovable property.
a) Attestation
b) Sale
c) Registration
d) Transfer

18) RahuI is charged of murder u/s.302of IPC. He requested the judge in the first hearing to
allow arbitration in his case. What could be the decision of the court?
a) Arbitration would not be allowed and his request would be turned down.
b) Arbitration would be allowed only if the other party consented for it.
c) Arbitration would not be allowed, though he could go for mediation.
d) Arbitration would be allowed if the parties gave in writing that they would abide by the
Award given.

19) Assertion : Lessor is the person who lets out the property for lease, and
lessee is the person to whom the property is leased in a lease.
Reasoning : The lessee can sub-let the lease and the relation between the lessee
and the sub-lessee will be that of lessor and lessee.
a) Both A and R are correct and R is the correct explanation for A
b) Both A and R are correct but R is NOT the correct explanation for A
c) A is correct but R is incorrect
d) Both A and R are incorrect

20)Asha in a fit of anger killed her husband over a heated argument and became mentally
unstable due to the guilt. On a particular day, in a state of extreme guilt, she confessed to the
crime before her own sister who is also a magistrate. The statement made by Asha before her
sister would be regarded as:

a. Judicial Confession as it is made before the magistrate


b. Extra-judicial confession as it is made before his brother
c. The statement is not a confession as it is not made in a fit state of mind
d. The statement will be regarded as admission

21) ‘X’ was accused in a case of theft and a criminal action was initiated against him. While
the trial was pending in the court, ‘X’ approached the prosecution and tried to negotiate the
matter. He/she agreed to plead guilty in return for a lesser punishment. Choose the correct
option with respect to the above arrangement:

a. This is an example of summary trial


b. Theft is a compoundable offence
c. Theft is a non-compoundable offence
d. This is an example of plea bargaining

22) The GOI has designated Chief Vigilance Officer for the redress of grievances
and complaints from which of the following :

a. Sarla, who did not receive the interest on her Fixed Deposit in public sector
bank, Bena Bank.
b. Ravi, who had to pay double premium on his life insurance policy, even though
he was not a payment defaulter
c. Mohan, who suffered setback because the private sector bank, No Bank,
increased the interest on loan without notification
d. All of the above.
23) The offence of theft can only be against

a) Movable property
b) Immovable property
c) Both (a) and (b)
d) All types of property

24) Who bears the burden of proof in criminal proceedings?

a) The Judge
b) Prosecution
c) Defendant
d) Both (a) and (b)
Section-C

Total questions : 12
Questions to be attempted : 10
1) Ayush, for natural love and affection, promises to give his son, Binny, Rs
1000/-. Ayush puts his promise to Binny in writing and registers it.

(a) This is a contract and absence of consideration does not make it void.
(b)This is not a contract and absence of consideration does not make it void.
(c)This is a social contract and does not have a legal force.
(d)This is a promise and not a contract.

2)Mr. Ahuja runs a chemical fertiliser company. One day, he received a notice revoking his
license to run the fertiliser factory. He was aggrieved that he did not get a chance to represent
his case and the inspector who revoked the license stated that an opportunity to represent his
case could not be given as it was a policy decision to shut down all the chemical fertiliser
factories in different phases. In light of the landmark case on ‘audi alteram partem’, identify
the principle established by the court in this situation.
a. Principle of equity
b. Principle of fairness
c. Principle of post decisional hearing
d. Principle of reasonableness

3)Rina bought a packet of potato chips from a reputed brand. While eating the chips, she
noticed a dead cockroach in the packet. Consequently, she fell sick and sued the chips
manufacturing company for compensation. Which of the following elements needs to be
established by Rina to win the claim against the company?

a. Duty of care
b. Non-natural use of raw materials
c. Inherently dangerous activity
d. None of the above

4) In which of the following countries the courts do not have the power of Judicial Review?

i. USA ii. UK iii. France iv. India

Codes:
a) iii
b) ii and iii
c) i and iii
d) ii

5) Aisha was a builder. She constructed a shopping complex at the directive of the District
Collector on government land and gave shops on lease to earn revenue. Ajay took a shop on
rent and promised to pay 7% commission above the rent. However later on he refused to pay
the commission. Aisha sued Ajay for breach of contract. Choose the best option:

a. Ajay is liable to pay as it was a valid contract


b. Ajay is not liable to pay as consideration was missing in this particular promise
c. Ajay is not liable to pay as this was not a valid offer
d. None of the above
6)Kishore was contacted by a customer representative of the bank who informed Kishore that
his KYC is due and to complete the KYC, he is required to download an application and
submit the form with his debit card details, which Kishore did. Immediately after submitting
the form, Kishore’s card was charged for Rs.2 lacs. Kishore immediately called the helpline
number of the bank. However, the bank’s representative said that he cannot help Kishore in
this regard. What remedy does Kishore have?

a. File a criminal case against the bank


b. File a complaint with Ombudsman
c. File a complaint with Lokpal
d. There is no remedy

7) Nexus company takes Snyder company to court over its mozzarella cheese packaging
accusing it of imitation of Nexus’s product. The packaging is protected under:
a. Patent
b. Copyright
c. Trademark
d. Design

8) A woman in sheer destitution and impoverishment attempted to kill herself after failing in
all the ways to arrange for food for her starving children. In the above-mentioned situation
will the woman be held guilty by the court?

a. Yes, she knowingly did a prohibitive act of attempting suicide and therefore will be held
guilty by the court.
b. No, as she caused injury to herself for her children.
c. Yes, as actus reus was involved here so she will be held guilty.
d. No, as she has not harmed others, she cannot be held guilty

9) Sahil sent a friend request to Jhanvi on Facebook and Jhanvi reject his friend request as
she was not interested. Later on, Sahil started clicking photos of Jhanvi and her personal lives
without Jhanvi’s consent. Identify the type of intentional tort in situation given
above:
a. Tort of Conversion
b. Tort of Unlawful harassment
c. Tort of invasion of privacy
d. Tort of Battery

10) Kapoors and Bedis are neighbours living on the first and second floor of ABCL
Apartment. The issue between the two is that the water from the kitchen area of Bedis seeps
through and the wall of Kapoors kitchen is drenching. The electric gadgets are fitted on that
wall and it leads to electric shock. Kapoors have been trying to draw the attention of Bedis to
this problem. How can this issue between the two be resolved?

a) Negotiation
b) Mediation
c) Arbitration
d) Conciliation

11)Which of the following tribunals flourishing in vedic age specialised in the disputes for
association of traders / commerce branches :
a. Kula
b. Shreni
c. Puga
d. Panchayat

12) Which of the following statement(s) is/are not correct about the Attorney General of
India?

1. The President appoints a person, who is qualified to be a Judge of a High Court, to be the
Attorney General of India.
2. He has the right of audience in all the Courts of the Country.
3. He has the right to take part in the proceedings of the LokSabha and the RajyaSabha.
4. He has a fixed tenure.
Select the correct answer from the codes given below: Codes:

a) 1 and 4
b) 2, 3 and 4
c) 3 and 4
d) 3 only

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