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Assam Judicial Service (Grade III) study materials
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Assam Judicial Service (Grade III) practice questions

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Question 1Preliminary Examination (objective screening)

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records are treated as a distinct category of documentary evidence. Which section primarily governs the admissibility of electronic records as documents?

  1. Section 63 Correct answer.
  2. Section 45A
  3. Section 61
  4. Section 65B of the Indian Evidence Act, 1872

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act and deals with electronic records in Section 63, which prescribes the conditions for admissibility of electronic records including certificates. Section 65B belonged to the repealed 1872 Act, so it cannot be the operative provision under the new law.

Question 2Preliminary Examination (objective screening)

A suit is filed in the Court of the Civil Judge (Junior Division) at Guwahati. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which provision governs the power of a Magistrate to order investigation?

  1. Section 156 of the BNSS relating to investigation in cognizable cases
  2. Section 41 of the BNSS relating to arrest without warrant
  3. Section 173 of the BNSS relating to report of police officer
  4. Section 190 of the BNSS relating to cognizance of offences Correct answer.

Explanation

The question tests the distinction between the stage of cognizance and the stage of investigation. Section 190 of the BNSS empowers a Magistrate to take cognizance of offences upon a police report, complaint or information, which is the foundation for the court's jurisdiction.

Question 3Preliminary Examination (objective screening)

In a suit for specific performance of a contract for sale of immovable property, the plaintiff must prove readiness and willingness. Which provision of the Specific Relief Act, 1963 embodies this requirement?

  1. Section 10
  2. Section 16(c) Correct answer.
  3. Section 20
  4. Section 14

Explanation

Section 16(c) of the Specific Relief Act, 1963 requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. This is a mandatory condition precedent for a decree of specific performance.

Question 4Preliminary Examination (objective screening)

The Assam Judicial Service (Grade III) recruitment is conducted by which authority?

  1. The Assam Public Service Commission alone
  2. The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh through its Selection Committee Correct answer.
  3. The Ministry of Law and Justice, Government of India
  4. The Gauhati High Court's Chief Justice personally

Explanation

Recruitment to the Assam Judicial Service is conducted by the Gauhati High Court, which has jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh, acting through its Selection Committee. The process typically involves a preliminary screening test, a main written examination and a viva voce.

Question 5Preliminary Examination (objective screening)

Under the Code of Civil Procedure, 1908, a plaint may be rejected on which of the following grounds?

  1. Where the suit appears from the statement in the plaint to be barred by any law Correct answer.
  2. Where the plaintiff has not paid the requisite court fee
  3. Where the defendant has not filed a written statement
  4. Where the suit involves a question of fact

Explanation

Order VII Rule 11 of the CPC lists the grounds for rejection of a plaint, including that the suit appears from the statement in the plaint to be barred by any law. Rejection is a drastic step and is confined to the grounds expressly enumerated in that rule.

Question 6Preliminary Examination (objective screening)

The doctrine of 'res judicata' in Indian civil procedure is codified in which section of the Code of Civil Procedure, 1908?

  1. Section 9
  2. Section 10
  3. Section 11 Correct answer.
  4. Section 12

Explanation

Section 11 of the CPC codifies the doctrine of res judicata, providing that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties. It promotes finality of litigation.

Question 7Preliminary Examination (objective screening)

In the law of contracts, which of the following is an essential element of a valid contract under the Indian Contract Act, 1872?

  1. Registration of the contract
  2. Approval by a notary public
  3. Payment of stamp duty on all contracts
  4. Free consent of the parties Correct answer.

Explanation

Section 10 of the Indian Contract Act, 1872 requires that agreements be made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object. Free consent is therefore an essential element, whereas registration and notarisation are not required for all contracts.

Question 8Preliminary Examination (objective screening)

Under the Indian Penal Code, 1860, the offence of criminal conspiracy is defined in which section?

  1. Section 107
  2. Section 120A Correct answer.
  3. Section 149
  4. Section 34

Explanation

Section 120A of the Indian Penal Code defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or an act which is not illegal by illegal means. Section 120B provides the punishment for the offence.

Question 9Preliminary Examination (objective screening)

The offence of 'cheating' under the Indian Penal Code, 1860 is punishable primarily under which section?

  1. Section 420 Correct answer.
  2. Section 415
  3. Section 406
  4. Section 403

Explanation

Section 415 defines cheating, while Section 420 provides the punishment for cheating and dishonestly inducing delivery of property. Since the question asks for the punishment provision, Section 420 is the correct answer.

Question 10Preliminary Examination (objective screening)

A person accused of an offence punishable with death is produced before a Magistrate. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which right is guaranteed to the accused at the time of arrest?

  1. Right to be released on bail automatically
  2. Right to be informed of the grounds of arrest Correct answer.
  3. Right to a copy of the case diary
  4. Right to cross-examine the investigating officer before charge sheet

Explanation

The BNSS, like the Code of Criminal Procedure before it, requires that a person arrested be informed of the grounds of arrest and of the right to bail. This flows from constitutional protections under Article 22 of the Constitution as well.

Question 11Preliminary Examination (objective screening)

Under the Limitation Act, 1963, the limitation period for a suit for recovery of money lent without a written document is generally how many years?

  1. Six years
  2. One year
  3. Twelve years
  4. Three years Correct answer.

Explanation

Article 19 of the Schedule to the Limitation Act, 1963 prescribes a period of three years for a suit for money lent where no written document is executed. The period runs from the date the loan is made.

Question 12Preliminary Examination (objective screening)

Which article of the Constitution of India provides for the establishment of a High Court for each State?

  1. Article 214 Correct answer.
  2. Article 235
  3. Article 226
  4. Article 233

Explanation

Article 214 of the Constitution provides that there shall be a High Court for each State. Article 226 deals with the power of High Courts to issue writs, while Articles 233 and 235 deal with district judges and control over subordinate courts.

Question 13Preliminary Examination (objective screening)

The power of judicial review of legislative action in India is primarily derived from which constitutional provisions?

  1. Articles 14 and 15
  2. Articles 19 and 21
  3. Articles 226 and 227
  4. Articles 13 and 32 Correct answer.

Explanation

Articles 13 and 32 together form the constitutional foundation of judicial review, with Article 13 declaring laws inconsistent with fundamental rights void and Article 32 providing the right to move the Supreme Court for enforcement of fundamental rights. Article 226 provides a parallel power to High Courts.

Question 14Preliminary Examination (objective screening)

Under the Bharatiya Nyaya Sanhita, 2023, the general exception relating to acts done by a person of unsound mind is contained in which provision?

  1. Section 21
  2. Section 22
  3. Section 23
  4. Section 20 Correct answer.

Explanation

Section 20 of the Bharatiya Nyaya Sanhita, 2023 corresponds to the earlier provision on acts of a person of unsound mind, providing that nothing done by a person who, at the time of doing it, is by reason of unsoundness of mind incapable of knowing the nature of the act or that it is wrong or contrary to law is an offence.

Question 15Preliminary Examination (objective screening)

In the law of evidence, the doctrine of 'res gestae' in India is codified in which section of the Bharatiya Sakshya Adhiniyam, 2023?

  1. Section 6 Correct answer.
  2. Section 5
  3. Section 4
  4. Section 7

Explanation

Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to the res gestae principle, providing that facts which are so connected with the fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different times and places.

Question 16Preliminary Examination (objective screening)

A contract is entered into by a minor. Under the Indian Contract Act, 1872, which statement best reflects the legal position?

  1. The contract is voidable at the option of the minor
  2. The contract is void ab initio Correct answer.
  3. The contract is valid if the minor's guardian consents
  4. The contract is enforceable if the minor has received a benefit

Explanation

A minor is not competent to contract under Section 11 of the Indian Contract Act, 1872, and an agreement by a minor is void ab initio as held in Mohori Bibee v. Dharmodas Ghose. The minor cannot ratify the agreement on attaining majority.

Question 17Preliminary Examination (objective screening)

Under the Hindu Marriage Act, 1955, which of the following is a ground for divorce available to both spouses?

  1. Impotency of the husband
  2. Cruelty Correct answer.
  3. Adultery by the wife only
  4. Non-resumption of cohabitation after a decree of judicial separation

Explanation

Section 13(1)(ia) of the Hindu Marriage Act, 1955 recognises cruelty as a ground for divorce available to either spouse. Impotency and adultery are also grounds, but they are not restricted to the husband, and the option stating adultery by the wife only misstates the law.

Question 18Preliminary Examination (objective screening)

The concept of 'basic structure' of the Constitution was propounded by the Supreme Court in which case?

  1. Kesavananda Bharati v. State of Kerala Correct answer.
  2. Golaknath v. State of Punjab
  3. Maneka Gandhi v. Union of India
  4. Minerva Mills v. Union of India

Explanation

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament's amending power under Article 368 is subject to the basic structure of the Constitution. The doctrine was subsequently applied and expanded in later decisions.

Question 19Preliminary Examination (objective screening)

Under the Negotiable Instruments Act, 1881, a cheque is a bill of exchange drawn on a specified banker. Which of the following is essential for a cheque?

  1. It must bear interest
  2. It must be endorsed in favour of a named payee
  3. It must be payable on demand Correct answer.
  4. It must be crossed

Explanation

Section 6 of the Negotiable Instruments Act, 1881 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand. Payability on demand is therefore an essential characteristic of a cheque.

Question 20Preliminary Examination (objective screening)

The Assam Judicial Service preliminary examination is an objective screening test. Which of the following best describes its role in the selection process?

  1. It is the final stage of selection
  2. It screens candidates for the main written examination Correct answer.
  3. It replaces the viva voce
  4. It is conducted only for candidates already in service

Explanation

The preliminary examination functions as a screening stage to shortlist candidates who then appear for the main written examination and interview. It is not the final stage and does not replace the viva voce.

Question 21Preliminary Examination (objective screening)

Under the Code of Civil Procedure, 1908, a court may issue a temporary injunction under which order and rule?

  1. Order XXVI Rule 9
  2. Order XXXVIII Rule 5
  3. Order XXXIX Rules 1 and 2 Correct answer.
  4. Order XL Rule 1

Explanation

Order XXXIX Rules 1 and 2 of the CPC empower a court to grant a temporary injunction where the property in dispute is in danger of being wasted or alienated, or where the defendant threatens to remove or dispose of his property. The court must be satisfied of a prima facie case, irreparable injury and balance of convenience.

Question 22Preliminary Examination (objective screening)

The offence of 'theft' under the Indian Penal Code, 1860 requires which of the following essential ingredients?

  1. Dishonest intention to take movable property out of the possession of another without consent Correct answer.
  2. Use of force or threat of force against the person
  3. Dishonest intention to take immovable property
  4. Entrustment of property by the owner to the accused

Explanation

Section 378 of the IPC defines theft as the dishonest taking of movable property out of the possession of any person without that person's consent, with the intention of taking it dishonestly. The property must be movable and must be moved from the possession of another.

Question 23Preliminary Examination (objective screening)

Under the Indian Evidence Act, now replaced by the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a criminal trial generally lies on which party?

  1. The investigating officer, who must prove the charge sheet
  2. The prosecution, which must prove the guilt beyond reasonable doubt Correct answer.
  3. The accused, who must prove his innocence
  4. The court, which must independently investigate the facts

Explanation

In a criminal trial, the burden of proof lies on the prosecution, which must establish the guilt of the accused beyond reasonable doubt. This is a fundamental principle of criminal jurisprudence and is reflected in the general provisions on burden of proof.

Question 24Preliminary Examination (objective screening)

Which of the following is a distinguishing feature of the Bharatiya Nyaya Sanhita, 2023 compared to the Indian Penal Code, 1860 in relation to offences against women?

  1. It has removed the provision on outraging modesty
  2. It has abolished all offences relating to women
  3. It has introduced community service as a punishment for certain offences Correct answer.
  4. It has made all such offences compoundable

Explanation

The Bharatiya Nyaya Sanhita, 2023 introduced community service as a form of punishment for certain offences, reflecting a modern approach to sentencing. It did not abolish offences against women or make them all compoundable.

Question 25Preliminary Examination (objective screening)

In a civil suit, the doctrine of 'res sub judice' is contained in which section of the Code of Civil Procedure, 1908?

  1. Section 12
  2. Section 11
  3. Section 13
  4. Section 10 Correct answer.

Explanation

Section 10 of the CPC embodies the doctrine of res sub judice, providing that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. It aims to prevent parallel litigation.

Question 26Preliminary Examination (objective screening)

In a suit before a civil court in Assam, the defendant seeks to bring a counterclaim against the plaintiff. Under the Code of Civil Procedure, 1908, a counterclaim may be presented by the defendant in respect of which of the following?

  1. Only a cause of action that arises from the same transaction as the plaintiff's claim
  2. Only a cause of action for which the defendant could have filed a separate suit in the same court
  3. Only a cause of action that the plaintiff has expressly consented to be raised
  4. Any cause of action against the plaintiff, whether or not it relates to the plaintiff's claim Correct answer.

Explanation

Order VIII Rule 6A CPC permits a defendant to set up a counterclaim against the plaintiff in respect of any cause of action accruing to the defendant, provided it falls within the jurisdiction of the court, and it need not arise from the same transaction as the plaintiff's claim. The court may exclude a counterclaim that cannot be conveniently disposed of together with the suit.

Question 27Preliminary Examination (objective screening)

A plaintiff files a suit for declaration of title over land in Assam and seeks an interim order restraining the defendant from constructing over the disputed land during the pendency of the suit. Under Order XXXIX of the Code of Civil Procedure, 1908, the court may grant a temporary injunction where the plaintiff establishes which of the following?

  1. A prima facie case, irreparable injury and the balance of convenience in the plaintiff's favour Correct answer.
  2. That the defendant has already been convicted of trespass
  3. That the suit has been pending for more than one year
  4. An absolute certainty of success at trial and proof of actual damage

Explanation

Order XXXIX Rules 1 and 2 CPC empower the court to grant a temporary injunction where there is a prima facie case, the balance of convenience lies with the applicant, and irreparable injury would result if the injunction were refused. The court exercises a discretionary equitable jurisdiction and does not decide the suit finally at the interim stage.

Question 28Preliminary Examination (objective screening)

A person in Assam commits house-trespass in order to commit an offence punishable with imprisonment. Under the Bharatiya Nyaya Sanhita, 2023, this aggravated form of house-trespass is dealt with as which of the following?

  1. Mischief
  2. Criminal trespass
  3. Lurking house-trespass Correct answer.
  4. House-breaking

Explanation

Under the Bharatiya Nyaya Sanhita, 2023, house-trespass committed in order to commit an offence, or having committed an offence, or having attempted to commit an offence, is termed lurking house-trespass. House-breaking is a further aggravated form where the entry is effected by means of the means specified in the Sanhita.

Question 29Preliminary Examination (objective screening)

During the trial of a murder case, the prosecution seeks to prove a statement made by the deceased to a relative describing the cause of death. Under the Bharatiya Sakshya Adhiniyam, 2023, such a statement is relevant as which of the following?

  1. A confession admissible against all the accused
  2. A statement admissible only if recorded by a Magistrate
  3. A dying declaration, admissible even if not made under expectation of death Correct answer.
  4. An opinion of an expert

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 continues the rule that a statement made by a person as to the cause of his death, or the circumstances of the transaction resulting in his death, is relevant in any proceeding in which the cause of that person's death comes into question. It is admissible even if the maker had no expectation of death at the time of the statement.

Question 30Preliminary Examination (objective screening)

The Governor of Assam has a dispute with the State Legislature over the scope of his powers. Which article of the Constitution of India provides that the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion?

  1. Article 361 Correct answer.
  2. Article 163
  3. Article 156
  4. Article 356

Explanation

Article 361 of the Constitution protects the President and Governors by providing that they shall not be answerable to any court for the exercise of their powers and duties, and that the validity of anything done by them shall not be called in question on the ground that they ought or ought not to have exercised a discretion. Article 163 deals with the council of ministers aiding and advising the Governor, not with immunity from court scrutiny.

Question 31Preliminary Examination (objective screening)

A candidate who secured the second highest number of votes in a panchayat election in Assam challenges the election of the returned candidate on the ground that the returned candidate was disqualified on the date of nomination. Which of the following best describes the proper forum and relief?

  1. An election petition before the court or authority designated under the relevant State election law, seeking to declare the election void Correct answer.
  2. A representation to the State Election Commission to set aside the result
  3. A writ petition before the Supreme Court under Article 32 only
  4. A criminal complaint before the Magistrate seeking disqualification of the candidate

Explanation

Disputes relating to panchayat elections are decided by the forum and in the manner provided by the State legislation, ordinarily by an election petition presented to the designated court or authority. A defeated candidate cannot bypass that statutory remedy by filing a criminal complaint or a mere representation to the Commission.

Question 32Preliminary Examination (objective screening)

A defendant in a suit in Assam fails to appear despite service of summons and the court proceeds ex parte. Under the Code of Civil Procedure, 1908, the defendant may apply to set aside the ex parte decree on which of the following grounds?

  1. That the decree was passed within six months of the institution of the suit
  2. That the plaintiff's claim was in fact false on merits
  3. That he was prevented by sufficient cause from appearing when the suit was called for hearing Correct answer.
  4. That the court had no territorial jurisdiction in any event

Explanation

Order IX Rule 13 CPC allows the defendant against whom an ex parte decree has been passed to apply to the court to set aside the decree if he satisfies the court that he was prevented by sufficient cause from appearing when the suit was called on for hearing. The court may also set it aside where the summons was not duly served.

Question 33Preliminary Examination (objective screening)

A contract of sale of goods is made in Assam, and the seller wrongfully refuses to deliver the goods. Under the Sale of Goods Act, 1930, the buyer's right to recover damages for non-delivery is governed primarily by which principle?

  1. The buyer may recover the entire profit the seller expected from the transaction
  2. The buyer has no remedy unless the goods were specific or ascertained
  3. The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the breach Correct answer.
  4. The buyer may recover only the price actually paid to the seller

Explanation

Section 73 of the Indian Contract Act, 1872, applied through the Sale of Goods Act, 1930, entitles the buyer to recover damages measured by the estimated loss directly and naturally resulting in the ordinary course of events from the seller's breach. This is commonly assessed as the difference between the contract price and the market price on the date of breach.

Question 34Preliminary Examination (objective screening)

Under the Limitation Act, 1963, a suit for possession of immovable property based on title, where the plaintiff has been dispossessed more than twelve years before the institution of the suit, is ordinarily barred because of which provision?

  1. Article 65, which prescribes twelve years from the date the possession of the defendant becomes adverse to the plaintiff Correct answer.
  2. Section 14, which excludes time spent in a bona fide civil proceeding
  3. Section 5, which allows condonation of delay in suits
  4. Article 113, which prescribes three years from the date the right to sue accrues

Explanation

Article 65 of the Limitation Act, 1963 prescribes a period of twelve years for a suit for possession of immovable property or any interest therein based on title, time running from the date when the possession of the defendant becomes adverse to the plaintiff. Once the period expires, the plaintiff's title is extinguished under section 27.

Question 35Preliminary Examination (objective screening)

A police officer in Assam arrests a person without a warrant and does not produce him before a Magistrate within twenty-four hours. Which fundamental right of the arrested person is directly violated?

  1. Article 25
  2. Article 30
  3. Article 21, as explained by the right to be produced before a Magistrate within twenty-four hours Correct answer.
  4. Article 19(1)(a)

Explanation

Article 22(2) of the Constitution requires that a person arrested and detained be produced before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. The Supreme Court has read this safeguard into the procedure established by law under Article 21, so the violation is of the arrested person's life and personal liberty guarantee.

Question 36Preliminary Examination (objective screening)

In a criminal trial before the Court of Session in Assam, the accused pleads that the confession recorded by the police officer during investigation should be admitted. Under the Bharatiya Sakshya Adhiniyam, 2023, such a confession is generally inadmissible because of which rule?

  1. A confession made to a police officer is not proved against the accused, subject to the statutory exception for discovery of facts Correct answer.
  2. A confession is admissible only if it is corroborated by an eyewitness
  3. A confession is admissible only if made in the presence of a Magistrate
  4. A confession is admissible only if it is voluntary and recorded on video

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 carries forward the rule that no confession made to a police officer shall be proved as against a person accused of any offence, though so much of the information as leads distinctly to the discovery of a fact may be proved. The safeguard is aimed at excluding coerced or fabricated confessions.

Question 37Preliminary Examination (objective screening)

A suit is instituted in Assam against a minor defendant. Under the Code of Civil Procedure, 1908, which of the following best describes the requirement regarding the appointment of a guardian ad litem?

  1. No guardian need be appointed if the minor is above fifteen years of age
  2. The plaintiff must always be appointed as the guardian
  3. The court shall appoint a guardian for the suit for the minor, and the appointment may be made after notice to the proposed guardian Correct answer.
  4. The minor must personally sign the written statement

Explanation

Order XXXII of the Code of Civil Procedure, 1908 requires that every suit to which a minor is a party be instituted or defended on his behalf by a next friend or guardian for the suit, appointed by the court. The court appoints the guardian ad litem after considering the fitness of the proposed person and ordinarily gives notice to that person.

Question 38Preliminary Examination (objective screening)

Under the Negotiable Instruments Act, 1881, a promissory note is an instrument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money to a certain person. Which of the following instruments would qualify as a promissory note?

  1. An instrument ordering B to pay A a sum of Rs. 50,000
  2. An instrument in which the maker promises to pay in goods instead of money
  3. An instrument promising to pay a sum contingent upon the happening of an uncertain event
  4. An instrument signed by A promising to pay B or order a sum of Rs. 50,000 on demand Correct answer.

Explanation

Section 4 of the Negotiable Instruments Act, 1881 defines a promissory note as an instrument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer. The instrument in the first option satisfies each ingredient, including certainty of sum and unconditional undertaking.

Question 39Preliminary Examination (objective screening)

A party to a suit in Assam seeks to adduce secondary evidence of a document, alleging that the original is in the possession of the opposite party who has refused to produce it. Under the Bharatiya Sakshya Adhiniyam, 2023, which condition must be satisfied before secondary evidence is admitted?

  1. The party must first obtain an order of the High Court
  2. The party must show that the original is in the possession or power of the opposite party and that it has been refused after notice Correct answer.
  3. The party must prove the contents of the document by oral testimony of at least three witnesses
  4. The party must show that the document has been lost and a police complaint has been filed

Explanation

Secondary evidence of a document may be given where the original is shown to be in the possession or power of the person against whom the document is sought to be proved, and that person, after due notice, fails to produce it. The Bharatiya Sakshya Adhiniyam, 2023 retains this scheme, and the notice requirement protects the opposite party from surprise.

Question 40Preliminary Examination (objective screening)

The Assam Judicial Service (Grade III) recruitment process typically involves which of the following stages before a candidate is appointed as a Civil Judge?

  1. A preliminary screening test, a main written examination and an interview, followed by verification of eligibility Correct answer.
  2. Only a single objective test followed by direct appointment
  3. An interview alone conducted by the High Court
  4. A written test conducted by the Union Public Service Commission alone

Explanation

Recruitment to the Assam Judicial Service, Grade III, is conducted under the rules framed for the State judicial service, ordinarily through a preliminary screening examination, a main written examination and an interview or viva voce, followed by verification of eligibility and character. The High Court of Assam, acting with the State, is associated with the selection process.

Question 41Main Written Examination

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records are primarily governed by which Chapter and what condition must be satisfied for their admissibility as documentary evidence?

  1. Chapter V, Part A, and the record must be certified by the person in charge of the device with particulars of its operation Correct answer.
  2. Chapter III, and the record must be printed on stamp paper
  3. Chapter IV, and the record must be produced by a gazetted officer
  4. Chapter VI, and the record must be accompanied by an affidavit of the manufacturer

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 deals with electronic records chiefly in Chapter V, Part A, and requires a certificate identifying the electronic record and describing the manner of its production, signed by the person occupying a responsible official position in relation to the device. This certificate substitutes for the former Section 65B certificate under the Indian Evidence Act.

Question 42Main Written Examination

A plaint is returned under Order VII Rule 10 CPC for presentation to the proper court. Which statement correctly states the effect on the institution of the suit in the proper court?

  1. The suit abates and a fresh plaint must be filed with fresh court fees
  2. The plaint is treated as a review petition before the proper court
  3. The suit retains its original date of institution, subject to Section 14 of the Limitation Act being satisfied Correct answer.
  4. The suit is deemed to be instituted afresh on the date of re-presentation, with limitation running from that date

Explanation

When a plaint is returned for presentation to the proper court, the suit is treated as having been instituted on the original date if the plaintiff has acted in good faith and the requirements of Section 14 of the Limitation Act are met. The return does not destroy the original institution.

Question 43Main Written Examination

Under the Bharatiya Nyaya Sanhita, 2023, which provision defines 'murder' and distinguishes it from culpable homicide?

  1. Section 105
  2. Section 103 Correct answer.
  3. Section 101
  4. Section 100

Explanation

Section 101 of the BNS defines culpable homicide, while Section 103 defines murder and sets out the exceptions that reduce murder to culpable homicide not amounting to murder. The distinction between the two offences is drawn through these provisions read together.

Question 44Main Written Examination

In a criminal trial, the accused makes a statement to a police officer during investigation that leads to the discovery of a fact. Under the Bharatiya Sakshya Adhiniyam, 2023, how much of that statement is admissible?

  1. Only the portion recorded in the presence of a Magistrate
  2. The entire statement, as it forms part of the case diary
  3. The statement is wholly inadmissible
  4. Only so much of the statement as distinctly relates to the fact thereby discovered Correct answer.

Explanation

The discovery rule permits admission only of that portion of the accused's statement which distinctly relates to the fact discovered, so much as relates to the discovery. This rule is retained in the Bharatiya Sakshya Adhiniyam and prevents the wholesale use of police statements.

Question 45Main Written Examination

A plaint is rejected under Order VII Rule 11 CPC on the ground that it is barred by limitation apparent on its face. Which remedy is available to the plaintiff?

  1. An appeal under Section 96 CPC as of right Correct answer.
  2. An application under Section 151 CPC for restoration
  3. An appeal under Order XLIII Rule 1 CPC
  4. A review before the same court under Section 114 CPC

Explanation

Rejection of a plaint under Order VII Rule 11 is a decree within the meaning of Section 2(2) CPC, and hence appealable as of right under Section 96. The remedy is a substantive appeal, not an interlocutory or review application.

Question 46Main Written Examination

Which of the following correctly states the presumption as to legitimacy of a child under the Bharatiya Sakshya Adhiniyam, 2023?

  1. A rebuttable presumption that the child is legitimate if born during the continuance of a valid marriage, unless the contrary is proved Correct answer.
  2. No presumption arises unless the child is registered within one year
  3. Conclusive proof that the child is legitimate if born during the continuance of a valid marriage
  4. A presumption available only if the parties cohabited within six months of birth

Explanation

The law raises a rebuttable presumption of legitimacy where a child is born during the continuance of a valid marriage between the mother and the alleged father. The presumption may be displaced by proof to the contrary, including evidence of non-access.

Question 47Main Written Examination

A defendant files a written statement after the expiry of 30 days but before the first hearing, and the court considers the delay justified. Under Order VIII Rule 1 CPC, what is the correct position?

  1. The defendant must seek condonation only under Section 5 of the Limitation Act
  2. The court may accept it, since the time limit is not mandatory and can be extended for sufficient cause Correct answer.
  3. The written statement must be rejected as time-barred
  4. The court must impose costs equal to the suit's value

Explanation

The 30-day period under Order VIII Rule 1 is directory, not mandatory; the court may extend it for reasons to be recorded, provided the outer limit of 120 days is respected. Acceptance of a late written statement is therefore within the court's discretion.

Question 48Main Written Examination

Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust by a public servant is punishable with imprisonment for life or imprisonment of up to which term?

  1. Ten years Correct answer.
  2. Three years
  3. Five years
  4. Seven years

Explanation

Where the offender is a public servant or other specified person entrusted with property, the BNS prescribes imprisonment for life or imprisonment up to ten years, along with fine. This is a more stringent punishment than ordinary criminal breach of trust.

Question 49Main Written Examination

In a suit for specific performance, the plaintiff must prove readiness and willingness to perform. Which provision of the Specific Relief Act, 1963 embodies this requirement?

  1. Section 20
  2. Section 10
  3. Section 16(c) Correct answer.
  4. Section 34

Explanation

Section 16(c) of the Specific Relief Act, 1963 requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. This is a continuous requirement from the date of the contract until the decree.

Question 50Main Written Examination

A witness is asked to identify a document in court but denies his signature. Under the Bharatiya Sakshya Adhiniyam, 2023, which method best permits proof of the signature without calling the attesting witness?

  1. Proof by filing a certified copy without any comparison
  2. Proof by the mere production of the original document
  3. Proof by the oral testimony of a stranger to the document
  4. Proof by the opinion of the court after comparing the disputed signature with an admitted one Correct answer.

Explanation

The Bharatiya Sakshya Adhiniyam permits the court to compare a disputed signature or writing with one proved to be genuine, either on its own initiative or on the suggestion of a party. The court's opinion, formed after comparison, is relevant evidence of genuineness.