27.

28.

29.

30.

31.

32.

“An Assistant Sessions Judge may pass any sentence authorised by Law except a
sentence of death or of imprisonment for life or of imprisonment for a term exceeding
10 years”. This statement is

(A) Absolutely correct (B) Partially correct

(0 Incorrect (D) Not defined

Which among the following instances, the offence cannot be tried summarily ;
(A) Offences punishable with imprisonment exceeding 3 months.
(B) Offences punishable with imprisonment exceeding 6 months.
(C) Offences punishable with imprisonment exceeding 2 years.
(D) Offences punishable with imprisonment exceeding 3 years.

The statement of the accused under Section 313 of Criminal Procedure Code :
(A) Has to be recorded on oath.
(B) Has to be recorded without oath.
(C) Either on oath or without oath depending on whether the case is a summons
trial or a warrant trial.
(D) Either on oath or without oath as per the discretion of the Court.

A preliminary inquiry into the commission of offence under Section 159 of Criminal
Procedure Code, can be conducted :
(^) By the police.
(B) By the Magistrate having jurisdiction to take cognizance.
(C) By any Magistrate subordinate to the Magistrate having jurisdiction, under
the orders of such Magistrate.

(2) (8) and (C) only

A sues B for possession of property contending that he is tenant of C and C is joined as
pro-forma defendant. The suit is dismissed as the Court finds B to be the owner.
Thereafter, C files a fresh suit against B for possession on the basis of title. Is the suit
filed by C maintainable ?

(A) _ Findings of the earlier suit would operate as Res Judicata in a subsequent suit
and the suit is not maintainable.

(B) Findings of the earlier suit would not operate as Res Judicata in a subsequent
suit as C was only a pro-forma defendant and suit is maintainable since no
relief was claimed against him.

(0) മട contention that the issue regarding ownership of property is already
decided in the former suit would operate as Res Judicata and the subsequent
suit must fail is valid.

(D) None of the above

Which of the following statements are true as to Set-off and Counter-claim:

(A) If the plaintiff suit is dismissed for default, or withdrawn or he fails to
substantiate his claim at the trial and his suit is dismissed, it affects the claim
for a set-off by the defendant.

(B) Court fee is not payable for both set-off and Counter-claim.

(C) Counter-claim has the effect of a cross-suit and the court can pronounce a
final judgment both on the original claim and the Counter-claim.

(>) Set-off is not a reciprocal acquittal of debts between two persons.

064/2022 = ` 6 A