Delhi Judiciary Prelims 2014
You'll attempt 10 questions with instant scoring and explanations at the end. (190 more in the full paper.)
Sample questions from Delhi Judiciary Prelims 2014
The first 10 questions of this Delhi Judiciary (DJS) Prelims paper, with answers and explanations.
Q1. An international commercial arbitration is an arbitration where at least one of the parties is
- A. a body corporate incorporated in any country other than India.
- B. a body of individuals whose central management and control is exercised in any country other than India.
- C. the Government of a foreign country.
- D. All these
Reveal answer
Answer: D — All these
Q2. As per Section 3(2) of the Arbitration and Conciliation Act, 1996, a communication is deemed to have been received on the day when
- A. it is dispatched to the addressee.
- B. it is delivered to the addressee.
- C. written acknowledgement of the receipt is sent to the sender.
- D. written acknowledgement of the receipt is received by the sender.
Reveal answer
Answer: B — it is delivered to the addressee.
Q3. Which of the following is not an essential condition for an arbitration agreement as per Section 7 of the Arbitration and Conciliation Act, 1996?
- A. The agreement must be registered.
- B. The agreement must be to submit to arbitration all or certain disputes which have arisen or which may arise in respect of a defined legal relation-ship whether contractual or not.
- C. The arbitration agreement must be in writing.
- D. None of these
Reveal answer
Answer: A — The agreement must be registered.
Q4. Which of the following is not a ground for setting aside an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996?
- A. incapacity of a party.
- B. arbitration agreement not being valid under the law in force.
- C. award contains decisions on matters beyond the scope of the submission to arbitration.
- D. None of these
Reveal answer
Answer: D — None of these
Q5. In which of the following cases it was held by the Supreme Court that Part I of the Arbitration and Conciliation Act, 1996 would have no application to International commercial arbitrations held outside India and therefore such awards would only be subject to the jurisdiction of Indian courts when the same are sought to be enforced in India in accordance with Part II of the said Act?
- A. Bharat Aluminium Company etc. v. Kaiser Aluminium Technical Service Inc. etc. (Balco) 2012 (9) SCC 552.
- B. Bhatia International v. Bulk Trading SA and Anr. 2002 (4) SCC 105.
- C. Sachin Gupta and Anr. v. K.S. Forge Metal Pvt. Ltd. (2013) 10 SCC 540.
- D. Kanpur Jal Sansthan and Anr. v. Bapu Construction 2014 (1) SCALE 207.
Reveal answer
Answer: A — Bharat Aluminium Company etc. v. Kaiser Aluminium Technical Service Inc. etc. (Balco) 2012 (9) SCC 552.
Q6. The term consensus ad idem means
- A. no agreement can have more than one meaning.
- B. to agree the same way.
- C. to agree on the same thing with same sense.
- D. to agree for different objects in the same sense.
Reveal answer
Answer: C — to agree on the same thing with same sense.
Q7. In which case it was held that a contract through telephone is concluded at the place where acceptance is heard?
- A. Lalman Shukla v. Gauri Dutt (1913) XL ALJ R 489 (All).
- B. Carlill v. Carbolic Smoke Ball Co. (1981-4) All ER Rep. 127.
- C. Bhagwandas Goverdhandas Kedia v. M/s Girdhari Lal Parshottamdas & Co. AIR 1966 SC 543.
- D. Satyabrata Ghose v. Mugneeram Bangur & Co. AIR 1954 SC 44.
Reveal answer
Answer: C — Bhagwandas Goverdhandas Kedia v. M/s Girdhari Lal Parshottamdas & Co. AIR 1966 SC 543.
Q8. 'A' saves 'B's property from fire, the circumstances indicated that he had done so gratuitously. Whether 'A' is entitled to
- A. compensation from 'B'.
- B. no compensation.
- C. compensation from the Government.
- D. compensation from heirs of 'B'.
Reveal answer
Answer: B — no compensation.
Q9. The doctrine of privity of contract means that
- A. a contract is a private affair between the parties.
- B. consideration can be supplied only by the parties to contract.
- C. the contract can be enforced only by a civil and private action.
- D. only parties to contract can sue and be sued upon the contract.
Reveal answer
Answer: D — only parties to contract can sue and be sued upon the contract.
Q10. In India, the doctrine of impossibility of performance of a contract being void, is based on
- A. the theory of implied term.
- B. the theory of just and reasonable solution.
- C. supervening impossibility or illegality as laid down in Section 56 of the Indian Contract Act, 1872.
- D. the principle of unjust enrichment.
Reveal answer
Answer: C — supervening impossibility or illegality as laid down in Section 56 of the Indian Contract Act, 1872.
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