OPSC Paper |   1270

OPSC Paper

                                       Odisha Judicial Service Exam paper

1. Which one of the following doctrines is not related to Article 13 of the Constitution ?
(a) Doctrine of Eclipse
(b) Doctrine-of colourable legislation
(c) Doctrine of waiver
(d) Doctrine of severability

2. Which one of the following is not a state underArticle 12 of the Constitution ?
(a) Berhampur University Student Union
(b) C. S. I. R.
(c) Municipal Corporation,Bhubaneshwar
(d) Union Public Service Commission 

3. Which Fundamental Right is available to citizens only ?
(a) Right to equality
(b) Protection against arrest and detention
(c) Freedom of speech and expression
(d) Protection of life and personal liberty 

4. Which Fundamental Right is available to all persons ?
(a) Right to form Union
(b) Protection of life and personal liberty 
(c) Right to assemble peaceably.
(d) Right to move freely throughout the territory of India

5. Which Article of the Indian Constitution is related to Doctrine of self incrimination ?
(a) Article 20(1)
(b) Article 22
(c) Article 20(3)
(d) Article 20(2)

6.Which one of the following is a Directive Principle of State Policy ?
(a) Right to Education
(b) Right to Die
(c) Right to move Supreme Court
(d) To organ ise Village Panchayats 

7. Which one of.the following is not a Directive Principle of State Policy ?
(a) Uniform Civil Code
(b) Organisation of Village Panchayats
(c) Right to Education
(d) Free Legal Aid

8. Which one of the following is not a fundamental duty ?
(a) To protect Sovereignty
(b) To defend the Country
(c) To respect NationalAnthem
(d) To promote Indian Culture

9. In which case the doctrine of prospective overruling was evolved by the Supreme Court ?
(a) Shankari Prasad vs. Union of India
(b) I. C. Golak Nath vs. State of Punjab
(c) Sajjan Singh vs. State of Rajasthan
(d) Keshava Nand Bharti vs. State of Kerala

10. Which case is related to constitutionality of 'right to die' ?
(a) Maneka Gandhi vs. Union of India
(b) Gian Kaur vs. State of Punjab
(c) A. K. Gopalan vs. Union of India
(d) Kharak Singh vs. State of U. P.

11. Preliminary decree can be passed in a suit:
(a) For partition
(b) Of partnership
(c) For possession and Mesne profit
(d) All of the above

12. Pecuniary jurisdiction of the court has been dealt with in:
(a) Section 2 of CPC
(b) Section 6 of CPC
(c) Section 9 of CPC
(d) Section 15 of CPC

13. Set-off can be :
(a) Legal set-off
(b) Equitable set-off
(c) Both (a) and (b)
(d) Either (a) or (b)

14. Remedies available against an ex-partedecree include:
(a) Appeal
(b) Review
(c) Application for setting aside ex-p?rte decree
(d) Application

15. Nemo debet bis vexari pro una et eadem causa means:
(a) It is in the interest of state that there should be an end to litigation
(b) A judicial decision must be accepted as correct
(c) No one shall be vexed twice for one and the same cause of action.
(d) Where there is a right there is a remedy

16. In execution -of decree for the maintenance, salary of a person can be attached to the extent of :
(a) One fourth
(b) One third
(c) Two third
(d) One half

17. Under section 100 CPC, a second appeal lies to the :
(a) Supreme Court
(b) High Court
(c) Tribunal
(d) Court of District Judge

18. Section 89 CPC provides for :
(a) Settlement of dispute by High Court only
(b) Settlement of dispute by Supreme Court or High Court
(c) Settlement of dispute through Village Panchayat
(d) Settlement of dispute outside the Court

19. Section 115 CPC applies only when :
(a) There is error of law
(b) There is error of fact
(c) There is jurisdictional error
(d) There is erroneous decision 

20. If an indigent person's suit abates on the death of the plaintiff, under Order XXXI II ; Rule 11A of CPC, the fee payable on plaint shall be recoverable from :
(a) The estate of deceased plaintiff 
(b) The defendant
(c) The State Government
(d) Either (a) or (b) or (c)

21. Warrant case means a case:
(a) In which a police officer cannot arrest without warrant
(b) In which the court in first instance, shall issue a warrant of arrest against the accused
(c) Relating to an offence punishable with imprisonment for a term not exceeding 2 years
(d) Relating to an offence punishable with death, for life or for a term exceeding two years

22. The Court of Magistrate First Class may pass a sentence fcbr maximum term of imprisonment awardable in a summary trial is:
(a) Three months
(b) One year
(c) Two years
(d) Six years

23. The Section under Cr. P. C. for'Order for maintenance of wives, children and parents' is :
(a) Section 135
(b) Section 125
(c) Section 145
(d) Section 124

24. Section 304 of Cr. P. C. deals with : 
(a) Protection 'to accused against double prosecution for the same offence
(b) Withdrawl from prosecution
(c) Legal aid to the accused at State expenses
(d) Order to release on probation of good conduct

25. Which Section of the Cr. P. C. provides that a person once convicted or acquitted cannot be tried again for the same offence ?
(a) Section 304
(b) Section 300
(c) Section 321
(d) Section 302

26. Under Section 39 of Cr. P. C. every person has to give information to Magistrate or Police Officer about the commission of an offence punishable under:
(a) Sections 121 to 126 of IPC
(b) Sections 489A to 489E of IPC
(c) Sections 302 and 304 of IPC
(d) All of the above

27. Who is given protection from arrest under Section 45 of Cr. P. C. ?
(a) Members of Armed Forces
(b) Judicial Officers
(c) President of India
(d) Members of Parliament

28. Under Section 416 of Cr. P. C., the High Court can postpone capital sentence on:
(a) Unsound person
(b) Old person
(c) Pregnant woman
(d) Politician

29. Under Section 366 of Cr. P.. C., the sentence of death to be submitted by Court of Session for confirmation by :
(a) High Court
(b) Governor
(c) Supreme Court
(d) President

30. Under Section 354 of Cr. P. C., the language and content of the judgem8nt : 
(a) Shall be written in the language of the Court
(b) Shall contain the point or points for determination, the decision thereon and the reasons for the decision
(c) Shall specify the offence of which and the Section of the IPC or other law under which the accused is convicted
(d) All of the above