Judiciary & LLM MCQ – 22

Q.1. The first writ petition filed on the ground of apprehended bias and the subsequent second petition filed on allegations of actual bias

(a) Is barred by res judicata

(b) Is not barred by res judicata

(c) Depends

(d) None of the above

 

Q.2. A sues B for possession of the property on the basis of ownership. The suit is dismissed. A thereafter claimed the possession of property as mortgagee. The suit is dismissed on the ground that ground ought to have been taken in the previous suit as a ground of attack. The order is_______________?

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.3. A files a suit against B for declaration that he is entitled to certain lands as heir of C. The suit is dismissed. The subsequent suit, claiming the same property on the ground of adverse possession, is dismissed as barred by constructive res judicata. The order is____________?

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.4. A files a suit against B to recover money on a promissory note. B contends that the promissory note was obtained from him by undue influence. The objection is overruled and suit is decreed. After that B challenged the promissory note on the ground of coercion or fraud in subsequent suit. His defence is____________?

(a) Legal

(b) Proper

(c) Barred

(d) Justifiable

 

Q.5. A sues B to recover damages for a breach of contract and obtains a decree in his favour. B afterwards sued A for recession of Contract on the ground that it did not fully represent the agreement between the parties. B’s suit is dismissed since that ground ought to have been taken by him in the previous suit as a ground of defence. The order is__________________?

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.6. A sues B for possession of certain property alleging that it has come to his share on partition of joint family property. B’s contention that the partition has not taken place is upheld by the court and the suit is dismissed. A subsequent suit by A against B for partition of joint family property is dismissed as it is barred under Section 11. The order is ___________________?

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.7. As a mortgagor A sues B for redemption of certain property alleging that he has mortgaged it with possession to B. The mortgage is not proved and the suit is dismissed. A files another suit against B for possession of the same property claiming to be the owner thereof. The suit is dismissed as it is barred under Section 11. The order is __________.

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.8. A sues B to recover certain property alleging that B was holding the property under a lease, which had expired. The lease is not proved and the suit is dismissed. A subsequent by A against B on the basis of general title is dismissed as it is barred under Section 11. The order is _________________?

(a) Legal

(b) Illegal

(c) Improper

(d) Justifiable

 

Q.9. Sub-section (2) of Section 9 on the High Court the power of appointment of Sessions Judge. The explanation added clarifies that:

(a) The power does not extend to the making of first appointments to the cadre which under Article 223 of the Constitution vests in the Governor

(b) The power does not extend to the making of first appointments to the cadre which under Article 233 of the Constitution vests in the Governor

(c) The power does not extend to the making of first appointments to the cadre which under Article 243 of the Constitution vests in the Governor

(d) The power does not extend to the making of first appointments to the cadre which under Article 253 of the Constitution vests in the Governor

 

Q.10. Power of Sessions Judge to transfer cases and appeals is provisioned under________________?

(a) Section 290 Cr. P.C.

(b) Section 394 Cr. P.C.

(c) Section 388 Cr. P.C.

(d) Section 408 Cr. P.C.

 

 

Answers

1. Correct Answer: B

2. Correct Answer: A

3. Correct Answer: A

4. Correct Answer: C

5. Correct Answer: A

6. Correct Answer: B

7. Correct Answer: B

8. Correct Answer: B

9. Correct Answer: B

10. Correct Answer: D