CS EXECUTIVE - 1 - General And Commercial Laws (GCL)
CS EXECUTIVE-1-GCL - OBJECTIVEGeneral and Commercial Laws (GCL)Objective Questions for PracticeJune 20096. (a) Choose the most appropriate answer from the given options in respect of the following :(i) The Constitution of India came into force on —(a) 26th November, 1949(b) 15th August, 1947(c) 26th January, 1947(d) 26th January, 1950.Ans. (d) 26th January, 1950(ii) The right to alienate the mortgaged property without intervention of the court is available to themortgagee in the case —(a) Where the mortgagee is government(b) Where there is English mortgage(c) Where there is mortgage by conditional sale(d) Under both (a) and (b).Ans. (d) Under both (a) and (b)(iii) The relief regarding recovery of possession of immovable property is available under —(a) Provisions of the Code of Civil Procedure, 1908(b) Provisions of the Specific Relief Act, 1963(c) Provisions of the Code of Criminal Procedure, 1973(d) Both (a) and (b).Ans.(d) Both (a) and (b)(iv) In the transfer of property with condition, the condition is void and transfer is valid —(a) Where transfer is made with void condition(b) Where transfer is made with the condition restraining absolutely future transfer of suchproperty(c) Where transfer is made absolutely with the condition restraining enjoyment of such property(d) Both (b) and (c).Ans. (d) Both (b) and (c)(v) Section 20 of the Right to Information Act, 2005 imposes penalty on a public information officer forfailing to provide information —(a) Rs.250 per day(b) Rs.250 per day to the extent of maximum Rs.50,000(c) Rs.300 per day to the extent of maximum Rs.25,000(d) Rs.250 per day to the extent of maximum Rs.25,000.Ans. (d) Rs.250 per day to the extent of maximum Rs.25,000(vi) The Chief Judicial Magistrate is empowered to pass —(a) Any sentence authorised by law(b) Any sentence except a sentence of death(c) Any sentence except a sentence of death, life imprisonment or imprisonment for a termexceeding seven years(d) Any sentence except a sentence of death and life imprisonment.BHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE-2GCL - OBJECTIVEAns.(c) Any sentence except a sentence of death, life imprisonment or imprisonment for a termexceeding seven years(vii) The definition of ‘decree’ as given under section 2 of the Code of Civil Procedure, 1908 includes —(a) An ‘award’ passed by the arbitral tribunal under the Arbitration and Conciliation Act, 1996(b) Rejection of plaint under Order 7, Rule 11 of the Code of Civil Procedure, 1908(c) Adjudication of any question raised by any party to the decree during execution proceedingsunder section 47 of the Code of Civil Procedure, 1908(d) An order of which appeal lies like an order.Ans. (b) Rejection of plaint under Order 7, Rule 11 of the Code of Civil Procedure, 1908(viii) A magistrate may take cognizance of any offence upon —(a) His own knowledge(b) The information of police officer(c) The information of any person other than police officer(d) His own knowledge, police report and complaint or information received from any personother than police officer.Ans.(d) His own knowledge, police report and complaint or information received from any person otherthan police officerDecember 20095.(b) Choose the most appropriate answer from the given options in respect of the following :(i) In which of the following case, the Supreme Court made it clear that Parliament cannot alter the basicstructure of the Constitution of India ––(a) I.C. Golak Nath vs. State of Punjab(b) Kesavananda Bharati vs. State of Kerala(c) Shankari Prasad vs. Union of India(d) Indira Gandhi vs. Raj Narain.Ans. (b) Kesavananda Bharati vs. State of Kerala(ii) Doctrine of sufficient cause under section 5 of the Limitation Act, 1963 will apply on —(a) Suits(b) Appeals and applications(c) Both (a) and (b)(d) None of the above.Ans. (b) Appeals and applications(iii) Right to information is derived from the constitutional right, i.e.,—(a) Right of freedom of speech and expression(b) Right to liberty(c) Right of trade and commerce(d) Right to equality.Ans. (c) Right of trade and commerce(iv) Who may pass any sentence authorised by law —(a) District Magistrate(b) Chief Judicial Magistrate(c) Sessions Judge(d) Magistrate of the First Class.Ans. (b) Chief Judicial MagistrateBHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE-3GCL - OBJECTIVE(v) Public Information Officer for failing to provide information will be liable for fine of Rs.250 per dayupto a maximum of —(a) Rs.25,000(b) Rs.50,000(c) Rs.75,000(d) Rs.1,00,000.Ans. (a) Rs.25,000(vi) Any person aggrieved by any decision or order of the Cyber Regulations Appellate Tribunal mayappeal to the —(a) Civil Judge(b) District Judge(c) District Magistrate(d) High Court.Ans. (d) High CourtJune 20105. (b) Choose the most appropriate answer from the given options in respect of the following :(i) Under the Transfer of Property Act, 1882, the transfer of property may be made ––(a) Orally(b) By written document(c) By written document with its registration(d) By delivery of property except where transfer is required to be in writing under the law.Ans. (d) By delivery of property except where transfer is required to be in writing under the law(ii) The right to foreclosure is available to the mortgagee when it is ––(a) English mortgage(b) Simple mortgage(c) Mortgage by conditional sale(d) Usufructuary mortgage.Ans. (c) Mortgage by conditional sale(iii) The income of transferred property may be accumulated for an unlimited time where the property istransferred with condition ––(a) For the payment of debts taken by the transferor(b) For the maintenance of the property itself(c) For the maintenance of the descendants of the transferor generation after generation(d) All of the above.Ans. (d) All of the above(iv) Under the Specific Relief Act, 1963, the relief of cancellation of a written instrument is available —(a) When an instrument is void or voidable at the option of the plaintiff(b) Where the plaintiff may apprehend serious injury if the instrument is left outstanding(c) Where the instrument requires registration but is not registered(d) Where conditions mentioned (a) and (b) above are fulfilled.Ans. (d) Where conditions mentioned (a) and (b) above are fulfilled(v) The definition of the ‘State’ as given under Article 12 of the Constitution of India includes ––(a) The Central Government and Parliament of India(b) The Government and the Legislature of each State(c) All local or other authorities within India and under the control of the Government of India(d) All of the above.BHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVEAns. (d) All of the above-4-GCL - OBJECTIVEDecember 20105. (b) Choose the most appropriate answer from the given options in respect of the following :(i) The relief of cancellation of a written instrument is available under the Specific Relief Act, 1963 —(a) When an instrument is void or voidable at the option of plaintiff(b) When the plaintiff may apprehend serious injury if the instrument is left outstanding(c) Where the instrument requires registration but is not registered(d) Where the conditions (a) and (b) mentioned above are fulfilled.Ans. (d) Where the conditions (a) and (b) mentioned above are fulfilled.(ii) An award may be challenged on the ground of —(a) Incapacity of a party(b) Invalidity of an arbitration agreement(c) Both (a) and (b)(d) None of the above.Ans. (c) Both (a) and (b)(iii) The Parliament is empowered to make laws on the subjects enumerated in —(a) List-I(b) List-II(c) Both List-I and List-II(d) None of the above.Ans. (c) Both List-I and List-II(iv) As per the Registration Act, 1908, a testator may deposit with any Registrar his will in a sealedcover with the name of the testator —(a) Personally(b) Through an agent(c) Through any person(d) Either (a) or (b).Ans. (d) Either (a) or (b)(v) Where possession of the property is to be given to the mortgagee, the mortgage is called —(a) Usufructuary mortgage(b) Simple mortgage(c) Anomalous mortgage(d) None of the above.Ans. (a) Usufructuary mortgage(vi) Summary trials will apply to those offences which are not punishable with imprisonment for a termexceeding —(a) Two years(b) One year(c) 60 Days(d) 90 Days.Ans. (a) Two yearsJune 20115. (b) Write the most appropriate answer from the given options in respect of the following :(i) The Constitution of India was enacted on ‐BHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE(a) 26th November, 1949(b) 26th January, 1950(c) 28th January, 1950(d) None of the above.-5-GCL - OBJECTIVEAns. (b) 26th January, 1950(ii) The Preamble of the Constitution ‐(a) Is a part of the Constitution(b) Can be used for interpreting the Constitution(c) Both (a) and (b)(d) None of the above.Ans. (c) Both (a) and (b)(iii) The relief of cancellation of instrument is founded upon the principle of ‐(a) Preventive justice(b) Protective justice(c) Proper justice(d) None of the aboveAns. (b) Protective justice(iv) As per the Transfer of Property Act, 1882, a person is an ostensible owner of an immovable propertywhere he becomes interested therein by ‐(a) Express consent(b) Implied consent(c) Either (a) or (b)(d) Both (a) and (b)Ans. (c) Either (a) or (b)(v) Second appeal to the Central Information Commission or the State Information Commission, as thecase be, may be filed within days of the date on which the decision was given by the FirstAppellate Authority.(a) 30 days(b) 60 days(c) 90 days(d) 120 daysAns. (c) 90 days(vi) The right of review has been conferred by the Code of Civil Procedure, 1908. It provides that anyperson considering himself aggrieved by a decree or order may apply for a review of the judgment to the‐(a) Appellate Court(b) High Court(c) District Court(d) Court which passed the decree or orderAns. (d) Court which passed the decree or order.December 20115. (b) Write the most appropriate answer from the given options in respect of the following:(i) The definition of ‘legal representative’ under the Code of Civil Procedure, 1908 means —(a) A person who represents the deceased(b) A person who represents in law the estate of the deceasedBHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE-6(c) A person who intermeddles with the estate of the deceased(d) Both (b) and (c) above.GCL - OBJECTIVEAns. (d) Both (b) and (c) above(ii) The mortgagee has the right to sell out the mortgaged property without intervention of the court in the—(a) English mortgage(b) Usufructuary mortgage(c) Mortgage by conditional sale(d) Simple mortgage.Ans. (a) English Mortgage(iii) The Right to Information Act, 2005 confers on all citizens a right to receive information. This is now a—(a) Legal right(b) Constitutional right(c) Fundamental right(d) Human right.Ans. (a) Legal Right(iv) The conciliation proceedings shall be terminated —(a) By signing of the settlement agreement by the parties(b) By a written declaration of the conciliator(c) By a written declaration of the parties for termination(d) All the above.Ans. (d) All the above(v) Whereof —(a)(b)(c)(d)warrant remains unexecuted, the Code of Criminal Procedure, 1973 provides the remedy(ies)Issuing a proclamationAttachment and sale of propertySale of the propertyBoth (a) and (b) above.Ans. (d) Both (a) and (b) above(vi) Any magistrate of the first class and of the second class is specially empowered to take cognizanceof an offence upon —(a) His own knowledge that such offence has been committed(b) Receiving a complaint of facts constituting such offence(c) Information received from a police officer(d) Both (a) and (b) above.Ans. (d) Both (a) and (b) above(vii) Certain categories of information have been exempted from disclosure under the Right toInformation Act, 2005 —(a) Where the disclosure prejudicially affects the sovereignty and integrity of India(b) Where disclosure would cause a breach of privilege of the Parliament or(c) the State Legislature(d) Information received in confidence from foreign government(e) All the above.Ans. (d) All the aboveBHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE-7GCL - OBJECTIVE(viii) Appointment of an arbitral tribunal under section 11 of the Arbitration and Conciliation Act, 1996 hasto be made by an agreement between the parties within —(a) 30 Days(b) 45 Days(c) 60 Days(d) None of the above.Ans. (a) 30 days.June 20126. (b) Write the most appropriate answer from the given options in respect of the following :(i) Every transfer of immovable property made with intent to defeat or delay the creditors of the transferorshall be ––(a) Voidable(b) Not voidable(c) Void(d) Illegal.Ans. (a) Voidable(ii) The limitation period for money lent under an agreement that it shall be payable on demand is —(a) 3 years(b) 5 years(c) 15 years(d) 12 years.Ans. (a) 3 Years(iii) Third party appeal against Public Information Officer’s decision under the Right to Information Act, 2005must be filed before first appellate authority within —(a) 30 days(b) 90 days(c) 105 days(d) None of the above.Ans. (a) 30 days(iv) Immovable property under the law relating to transfer of property includes —(a) Growing trees(b) Growing crops(c) Both (a) and (b)(d) None of the above.Ans. (a) Growing trees(v) The duty of the Collector under section 31 of the Indian Stamp Act, 1899 is only to determine the stampduty payable upon the instrument where he concludes that the instrument is not sufficiently stamped. He isnot authorised to ––(a) Impound the instrument(b) Impose any penalty(c) Both (a) and (b)(d) Either (a) or (b).Ans. (d) Either (a) or (b)(vi) Internal aids in interpretation of statutes include —(a) Title(b) Preamble(c) Marginal notes(d) All the above.Ans. (d) All of aboveBHARAT HASSANIE-mail: akjbharat@yahoo.comVisit at: www.cacscwallb.blogspot.inFacebook: www.facebook.com/bharathassani1
CS EXECUTIVE - 2 - GCL - OBJECTIVE BHARAT HASSANI Visit at: www.cacscwallb.blogspot.in E-mail: akjbharat@yahoo.com Facebook: www.facebook.com/bharathassani1
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