Himachal
Pradesh Judicial Exam.,2009
Paper-I
1. Duty
under the Indian Stamp Act, in case of policy of fire insurance, is payable by:
A.
the person issuing the policy
B.
the person effecting the insurance
C.
jointly by the person issuing the policy
and the person effecting the insurance
D.
none of the above
Ans. (b)
2. Duty
under the Indian Stamp, Act, in case of a lease, is payable by
A.
the lessor
B.
the lessee
C.
the lessor and lessee equally
D.
none of the above
Ans. (b)
3. Who prescribe the rate of exchange for the
conversion of foreign currency into the currency of India for the purpose of
calculating stamp duty:
A.
President of India
B.
Reserve Bank of India
C.
Central Government
D.
Word Bank
Ans. (c)
4. The penalty may be recovered, in case any
instrument not duly stamped as per the Indian Stamp Act, by:
A.
State Government
B.
Collector
C.
Central Government
D.
District Courts
Ans. (b)
5. Which
maxim denote the purpose of “res judicata”
A.
Interest rupublicae ut sit finis litum
B.
Nemo debet lis vexari pro una et eadem
causa
C.
Resjudicata pro veritate occipiture
D.
All of the above
Ans. (d)
6. The
plaint shall be rejected
A.
if it does not disclose a cause of
action
B.
where suit appears to be barred by any
law
C.
where it is not fixed in duplicate
D.
all the above
Ans. (d)
7. The provisions relating to particulars of the
written statement and counter claim is in:
A.
order 8 of Code of Civil Procedure
B.
order 9 of Code of Civil Procedure
C.
order 10 of Code of Civil Procedure
D.
order 11 of Code of Civil Procedure
Ans. (a)
8. Largest
order of code of Civil Procedure is
A.
order 19
B.
order 21
C.
order 41
D.
order 45
Ans. (b)
9. The
doctrine of constructive res judicata is explained in;
A.
Section 11, explanation III of Code of
Civil Procedure
B.
Section 11, explanation IV of Code of
Civil Procedure
C.
Section 11, explanation V of Code of
Civil Procedure
D.
Section 11, explanation VI of Code of
Civil Procedure
Ans. (b)
10. Under the provisions of the Code of Civil
Procedure, the court has no inherent jurisdiction:
A.
to restore a suit dismissed for non
payment of court fees
B.
to restore an election petition
dismissed for default
C.
to consolidate suits based on different
claims
D.
all the above
Ans. (d)
11. No
evidence is required to be pleaded in:
A.
written statement
B.
writ petition
C.
counter affidavit
D.
all of the above
Ans. (d)
12. No second appeal shall lie from any
decree when the subject matter of the original suit is for recovery of money
not exceedings:
A.
Rs. 15,000/-
B.
Rs. 20,000/-
C.
Rs. 25,000/-
D.
Rs. 30,000/-
Ans. (c)
13. Code
of Civil Procedure contains
A.
Rs. 50 Orders
B.
Rs. 51 Orders
C.
Rs. 52 Orders
D.
Rs. 53 Orders
Ans. (b)
14. The parties to suit must submit the list
of their witnesses within the time prescribed by the court but not later than:
A.
15 days after the issues are settled
B.
30 days after the issues are settled
C.
45 days after the issues are settled
D.
90 days after the issues are settled
Ans. (a)
15. Revisional
jurisdiction of the High Court arises when the subordinate court:
A.
exercised a jurisdiction not vested in
it by law
B.
failed to exercise a jurisdiction vested in it by law
C.
acted in the exercise of its
jurisdiction illegally
D.
all the above
Ans. (d)
16. Name the provision of the Code of Civil
Procedure inserted by the Amendment Act, 1999, the object of which is to
promote alternate method of dispute resolution:
A.
Section 89
B.
Section 144
C.
Section 152
D.
Section 158
Ans. (a)
17. The
order 38 of the Code of Civil Procedure deals with:
A.
Interpleader
B.
Summary procedure
C.
Arrest & attachment before judgement
D.
Temporary injunctions
Ans. (c)
18. The order of the code of civil procedure
which prescribe the consequences of disobedience or breach of injunction
granted by the court:
A.
Order 39, Rule 1
B.
Order 39, Rule 2
C.
Order 39, Rule 2A
D.
Order 39, Rule 3
Ans. (c)
19. Which
order of the Code of Civil Procedure may be made to:
A.
Order 19
B.
Order 20
C.
Order 21
D.
Order 22
Ans. (b)
20. Reference
under the Code of Civil Procedure may be made to:
A.
the Supreme Court
B.
the High Court
C.
the District Judge
D.
none of the above
Ans. (b)
21. The Indian Evidence Act, 1872 is not
exhaustive, Many rules relating to law of evidence are contained in:
A.
Code of Civil Procedure, 1908
B.
Transfer of Property Act, 1882
C.
Indian Succession Act, 1925
D.
All the above
Ans. (a)
22. A
fact is conclusive proof of another fact. If that fact is proved than:
A.
the court can call upon a party to prove
another fact
B.
the court can allow opposite party to
adduce the evidence to disprove another fact
C.
both A and B
D.
the court shall regards another fact as
proved
Ans. (d)
23. A
man is alive unless nothing has been heard about him for seven years:
A.
It is presumption of law
B.
it is natural presumption
C.
t is presumption of fact
D.
none of the above
Ans. (a)
24. By
information Technology Act, 2000, amendment made in:
A.
Section 17 of the Indian Evidence Act
B.
Section 34 of the Indian Evidence Act
C.
Section 35 of the Indian Evidence Act
D.
All the above
Ans. (d)
25. The
plea of Alibi is established by
A.
prosecution
B.
accused
C.
either by prosecution or by accused
D.
none of the above
Ans. (b)
26. A person is prosecuted for theft,
evidence is sought to be produced to prove that the accused is a bad character
and suspect of theft on several occasions in the past:
A.
bad character is relevant
B.
the evidence was admissible
C.
the evidence was not admissible
D.
none of the above
Ans. (c)
27. A agrees to sell to B his white horse in
writing. A has two white horses and it becomes uncertain as to which horse was
sold. Here in the document there is:
A.
Patent ambiguilty
B.
latent ambiguity
C.
no ambiguity
D.
none of the above
Ans. (b)
28. Estoppel
is:
A.
rule of evidence
B.
used as defence
C.
rule of equity
D.
all the above
Ans. (a)
29. Facts
judicially noticeable;
A.
may be proved
B.
need not be proved
C.
need to be proved
D.
none of the above
Ans. (b)
30. The
Indian Evidence Act, 1872 applies to:
A.
proceedings under Administrative
Tribunals
B.
proceedings under the Commission of
Inquiry Act, 1952
C.
proceedings before Industrial Tribunals
D.
none of the above
Ans. (d)
31. A
deaf mute’s evidence made by writing in open court, shall be deemed to be:
A.
documentary evidence
B.
hearsay evidence
C.
oral evidence
D.
primary evidence
Ans. (c)
32. An
admission is a statement that may be:
A.
in oral form only
B.
in documentary form only
C.
in electronic form only
D.
all the above
Ans. (d)
33. For
the admissibility of a dying declaration, it is not necessary that the
statement:
A.
relates to cause of death
B.
the person making the statement must be
under expectation of death
C.
the person making the statement must be
competent
D.
the statement must be complete.
Ans. (b)
34. Under
Section 122 of the Indian Evidence Act, privilege is available to:
A.
judges and magistrates
B.
husband and wife
C.
professionals
D.
none of the above
Ans. (b)
35. Exception to the rule hearsay evidence is
not admissible, is laid down in the Indian Evidence Act:
A.
Section 29
B.
Section 30
C.
Section 31
D.
Section 32
Ans. (d)
36. The
contents of documents may be proved by:
A.
direct evidence only
B.
indirect evidence only
C.
direct eviedence & indirect evidence
D.
none of the above
Ans. (c)
37. The
basis of specific relief is:
A.
law of equity
B.
common law
C.
roman law
D.
all of the above
Ans. (a)
38. Suit for sispossession of immovable
property under Section 6 of the Specific Relief Act, 1963 should be brought:
A.
within one year from dispossession
B.
within six months from dispossession
C.
within three months from dispossession
D.
within three years from dispossession
Ans. (b)
39. The
instrument may be rectified if:
A.
misrepresentation by a party
B.
undue influence by a party
C.
mutual mistakes of parties
D.
in all the above
Ans. (c)
40. Specific
performance of any contract is granted:
A.
if provided in the contract
B.
if the contract is in its nature
determinable
C.
at the discretion of the court
D.
in all the above
Ans. (c)
41. Rescission
of contracts may be allowed if
A.
where the contract is voidable at the
instance of the plaintiff
B.
when the contract is void
C.
where the third party acquire the
interest in the contract in good faith
D.
all of the above
Ans. (d)
42. Section
31 of the Specific Relief Act 1963 is related to:
A.
rescission of contracts
B.
cancellation of instruments
C.
declaratory decrees
D.
perpetual injunctions
Ans. (b)
43. Ground
for refusing specific performance of contract:
A.
when compensation is an adequate relief
B.
when contract depends upon person
qualification of the party
C.
contract requires constant supervision
by the court
D.
all of the above
Ans. (d)
44. Mandatory
injunction is granted under Specific Relief Act in:
A.
Section 37
B.
Section 38
C.
Section 39
D.
Section 41
Ans. (c)
45. Power to make rules for the purpose of
carrying into effect the provisions of the Himachal Pradesh Court Act, 1976 is
on:
A.
High Court
B.
Governor
C.
State legislature
D.
Supreme Court of India
Ans. (a)
46. Classes of subordinate civil courts in
Himachal Pradesh under the Himachal Pradesh Courts Act, 1976 are:
A.
six
B.
five
C.
four
D.
three
Ans. (d)
47. Bill
of Exchange is defined in
A.
Indian Stamp Act
B.
Negotiable Instrument Act
C.
Indian Contract Act
D.
Indian Companies Act
Ans. (a)
48. The
Indian Stamp Act, 1899 came into force on:
A.
26th January, 1899
B.
27th January, 1899
C.
1st July 1899
D.
10th July, 1899
Ans. (c)
49. The power of Collector to certify that
full duty chargeable is paid on instrument is contained in:
A.
section 32 of the Indian Stamp Act
B.
section 31 of the Indian stamp Act
C.
section 30 of the Indian Stamp Act
D.
section 29 of the Indian stamp Act
Ans. (a)
50. To
carry out the purpose of the Indian Stamp Act, 1899 the rules may by:
A.
Government of India
B.
State Government
C.
Parliament
D.
State Legislature
Ans. (d)
Civil Law-II
1. Where the mortgagor binds himself to repay the
mortgage-money on a certain date and transfers the mortgaged property
absolutely to the mortgagee subject to condition that the mortgagee will
re-transfer it to the mortgagor upon payment of the mortgage-money, the
transaction is called-
A.
simple mortgage
B.
usufructuray mortgage
C.
English mortgage
D.
anomalous mortgage
Ans. (c)
2. A gifts Rs. 5 lakh to B, reserving to himself,
with B’s assent, the right to take back at leisure Rs. 1 lakh. Which one of the
following is correct?
A.
the gift is void in its entirety
B.
the gift is valid upto Rs. 4 lakh
C.
the gift is said to be revoked
D.
the gift takes effect after A’s life
time.
Ans. (b)
3. Which
of the following is transferable under the Transfer of Property Act, 1882?
A.
a mere right to sue
B.
a decree of a court for mesue profits
C.
political pension
D.
none of the above
Ans. (d)
4. Section
21 of the Transfer of Property Act, 1882
contains provisions relating to-
A.
contingent interest
B.
conditional transfers
C.
transfer to unborn person
D.
none of the above
Ans. (a)
5. Which of the following would be a valid
transfer under the Transfer of Property Act 1882?
A.
A lets a farm to B on condition that he
shall walk a hundred miles in an hour.
B.
A gives Rs. 500 to B on condition that
he shall marry A’s daughter C. At the date of the transfer C was dead.
C.
A transfers Rs. 500 to B on condition
that she shall murder C
D.
A transfers Rs. 5000 to B on condition
that he shall marry with the consent of C, D and E. E dies, B marries with the
consent of C and D.
Ans. (d)
6. The Transfer of Property Act, 1882 has no
application to transfer of property where-
A.
it takes place by operation of law
B.
it takes place by act to parties
C.
it is inter vivos transfer
D.
none of the above
Ans. (a)
7. Which of the following is not a ground for
eviction of a tenant under the Himachal Urban Rent Control Act, 1987?
A.
non-payment of rent
B.
change in user of premises
C.
requirement for landlord’s son to use
the premises as office as a lawyer
D.
none of the above
Ans. (d)
8. Which of the following is not a non residential
building under the Himachal Pradesh Urban Rent Control Act, 1987?
A.
a building used for the purpose of trade
B.
a building let out for residential and
non-residential person, the portion thereof let out for the purpose of
residence
C.
a building used for the purpose of
business
D.
a building used party for the purpose of
trade and party for the purpose of residence of the trader.
Ans. (b)
9. Match list-l with list-II and select the
correct answer by using the codes given below the lists:
List I List II
|
A.
|
Kailash Chand
v. Dharm Dass
|
(i) bonafide
requirement
|
|
B.
|
Ram Saran v.
Pyare Lal
|
(ii) surrender
of govt. premises
|
|
C.
|
Dewan Chand
Bhalla v. Dr Ashok Kumar Bhoil
|
(iii)
statutory tenant
|
|
D.
|
Narinder Kumar
v. Ramesh Kumar
|
(iv)
unauthorised sub-tenant
|
Codes
A B C D
(a) (i)
(iv) (ii) (iii)
(b) (i)
(ii) (iv) (iii)
(c) (ii)
(iii) (iv) (i)
(d) (i)
(ii) (iii) (iv)
Ans. (c)
10. Which of the following statements is not
correct in respect of the provisions of the Himachal Pradesh Urban Rent Control
Act, 1987?
A.
the tenant shall pay rent within the
time fixed by contract or by the 15th of the month next following
the month for which it is payable
B. the tenant may deposit the rent with the
Controller without first tendering it to the landlord.
C. the tenant shall deposit the rent with
the Controller within 21 days of the time referred to in section-20 for the
payment of the rent.
D. on an application made by the landlord
of withdrawal of the rent deposited with him, the Controller shall order the
amount to be paid to him in the prescribed manner.
Ans. (b)
11. Which of the following sections of the
Himachal Pradesh Urban Rent Control Act, 1987 imposes on the landlord duty to
keep the building or rented land in good repairs?
A.
section 11
B.
section 12
C.
section 13
D.
none of the these
Ans. (c)
12. Section 4 of the Himachal Pradesh Urban
Rent Control Act, 1987 contains provisions relating to-
A.
revision of fair rent
B.
determination of fair rent
C.
increase in fair rent
D. none
of the above
Ans. (b)
13. The term tenant within the meaning of
Section-2 of the Himachal Pradesh Urban Rent Control Act, 1987 does not
include-
A.
surviving spouse of the deceased tenant
not living in the premises with the tenant at the time of his death.
B.
parents of the deceased tenant living
with him at the time of his death.
C.
son of the deceased tenant living with
him at the time of the death.
D.
daughter in law being widow of the pre
deceased son of the tenant living with the tenant at the time of his death.
Ans. (a)
14. The
Himachal Pradesh Urban Rent Control Act, 1987 extends to-
A.
any area administered by a municipal
corporation
B.
any area administered by a notified area
committee.
C.
any area administered by a cantonment
board
D.
all the above
Ans. (a)
15. A person employed by and acting under the
control of , the original agent, in the business of the agency is a-
A.
sub agent
B.
substituted agent
C.
pretended agent
D.
none of the above
Ans. (a)
16. Which
of the following is not correct under the Indian Contract Act, 1872?
A.
the suggestion, as a fact, of that which
is not true, by a party to contract, who does not believe it to be true is
fraud.
B.
active concealment of a fact by a party
to contract, having knowledge or belief of the fact is misrepresentation.
C.
the positive assertion, in a manner not
warranted by the information of the person making it, of that which is not
true, though he believes it to be true is misrepresentation.
D.
a fraud which did not cause the consent
to a contract of the party on whom such fraud was practiced, does not render a
contract voidable.
Ans. (b)
17. Under the Indian Contract Act, 187, in
which of the following cases, the presumption of agents personal liability does
not arise?
A.
where an agent contracts for a merchant
resident abroad.
B.
where the agent does not disclose the
name of his principal
C.
where the principal, though disclosed,
cannot be sued.
D.
where the agent contracts with a party
who knows that the principal is a minor.
Ans. (d)
18. Which section of the Himachal Pradesh
Urban Rent Control Act, 1987 contains condition for conversion of a residential
building into a non residential building?
A.
section 11
B.
section 12
C.
section 13
D.
none of these
Ans. (b)
19. The maximum penalty, which can be imposed
under the Himachal Pradesh Urban Rent Control Act, 1987, for contravention of
any of the provisions of section 7(a) or section 8, is-
A.
fine which may extend to Rs. 1000/-
B.
imprisonment for 2 years only
C.
imprisonment for two years and fine
D.
as determined by the Magistrate 1st
Class
Ans. (c)
20. Section
81 of the Transfer of Property Act, 1882 contains provisions relating to-
A.
marshalling of securities
B.
contribution to mortgage-debt
C.
sabrogation
D.
tacking of securities
Ans. (a)
21. The term "contract" is defined
in the following section of the Indian Contract Act, 1872-
A. Section 2(a) B. Section
2(h)
C. Section 20) D. Section
10
Ans. (b)
22. Match list I with list II and select the
correct answer by using the codes given below the lists;
List I List II
|
A.
|
Lalman Shukla
v. Gauri Dutt
|
(i) Restitution
|
|
B.
|
Tweddle v.
Atkinson
|
(ii) privity
of contract
|
|
C.
|
Balfour v.
Balfour
|
(iii) intention
to contract
|
|
D.
|
Khan Gul v.
Lakha Singh
|
(iv) General
Offer
|
|
|
A
|
B
|
C
|
D
|
|
(a)
|
(iv)
|
(ii)
|
(iii)
|
(i)
|
|
(b)
|
(i)
|
(ii)
|
(iii)
|
(iv)
|
|
(c)
|
(ii)
|
(iii)
|
(iv)
|
(i)
|
|
(d)
|
(iii)
|
(iv)
|
(ii)
|
(i)
|
Ans. (a)
23. An agreement not to raise the plea of limitation is-
A.
valid and binding
B.
voidable
C.
void
D.
illegal
Ans. (c)
24. The
case Nash v. Inman (1908) 2 KBI related to-
A.
consent
B.
necessaries
C.
unlawful agreements
D.
none of the above
Ans. (b)
25. In
Carlill v. Carbolic Smoke Ball Co. 1892 2 QB 484, the court ruled-
A.
that an offer made to public at large is
a nadun pactum
B.
that a general offer is no offer.
C.
that an offer can be made only to a
particular person.
D.
an offer need not be made to an
ascertained person.
Ans. (d)
26. The theory on 'which quasi-contractual
obligations are based is to prevent unjust enrichment. Who is considered to be
the real founder of this theory?
(A)
Lord Mansfield (B) Lord
Wright
(C)
Anson (D) Lord
Radcliffe
Ans. (a)
27. Which of the following sections of the
Indian Contract Act, 1872 imposes on a person, who sues for damages, a duty to
nutigate the loss consequent upon the breach of contract?
(A) Section
72 (B) Section 73
(C) Section
74 (D) Section 75
Ans. (b)
28. Which
is not a ground for seeking divorce under the Hindu Marriage Act, 1955?
A.
cruelty
B.
desertion
C.
unsoundness of mind
D.
irretrievable breakdown of marriage
Ans. (d)
29. Match list I with list II and select the
correct answer using the codes given below the lists:
List I List II
|
A.
|
Githa
Hariharan v. Reserve Bank
|
(i) Adoption
|
|
B.
|
Kartar Singh
through Bachan Singh v. Surjan Singh
|
(ii) Guardianship
|
|
C.
|
Naveen Kohli
v. Neeru Kohli
|
(iii) Cruelty
Explained
|
|
D.
|
A Jaychandra
v. Aneet Kaur
|
(iv) Irretrievable
breakdown of marriage recommended
|
|
|
A
|
B
|
C
|
D
|
|
(a)
|
(ii)
|
(i)
|
(iv)
|
(iii)
|
|
(b)
|
(i)
|
(ii)
|
(iii)
|
(iv)
|
|
(c)
|
(ii)
|
(i)
|
(iv)
|
(iii)
|
|
(d)
|
(i)
|
(ii)
|
(iv)
|
(iii)
|
Ans. (c)
30. In
Bipin Chandra v. Prabhavati, AIR 1957 SC 176, the Supreme Court explained-
A.
the concept of cruelty,
B.
the institution of marriage,
C.
the concept of desertion
D.
the concept of adultery
E.
as applicable under the Hindu Marriage
Act, 1955
Ans. (c)
31. For the purposes of section 9(3) of the
Hindu Adoption and Maintenance Act, 1956, mother does not include-
A.
a widowed mother
B.
a divorced mother
C.
a step mother
D. a
mother living separately under the decree of court
Ans. (c)
32. Section 26 of the Hindu Marriage Act,
1955 as amended by the Hindu Marriage Amendment Act, 1964, deals with-
A.
custody of children
B.
disposal of property
C.
maintenance pendent lite
D.
permanent alimony
Ans. (a)
33. In which of the following decisions, the
constitutional validity of section-9 of the Hindu Marriage Act, 1955, was
upheld by the Supreme Court?
A.
T. Sareetha v. Vankata Subhaiah
B.
Saroj Rani v. Sudarshan Kumar
C.
Smt Harvinder Kaur v. Harvinder Singh
D. Payal
Sharma v. Supdt. Nari Niketan
Ans. (b)
34. As a result of the changes introduced by
the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a
Joint Hindu Family, governed by the Mitakshara Law, becomes a coparcener-
A.
w.e.f. 17-06-1956
B.
w.e.f. 09-09-2005
C.
w.e.f. 20-12-2004
D. from
the day, she was born
Ans. (b)
35. A male Hindu, having more than one wives
living, at the time of making adoption, may adopt a son-
A.
with the consent of all his wives
B.
with the consent of either of the wives
C.
with the consent of his wife senior most
in marriage
D.
without the consent of a wife suffering
from diabetes.
Ans. (a)
36. The
general rules of succession in the case of female Hindus are contained in-
A.
section 9 of the Hindu Succession Act,
1956
B.
section 10 of the Hindu Succession Act,
1956
C.
section 14 of the Hindu Succession Act,
1956
D. section
15 of the Hindu Succession Act, 1956
Ans. (d)
37. Which provision of the Hindu Succession
Act, 1956, desiqualifies a Hindu to inherit property of the person whom he is
convicted of murder?
A.
Section 21
B.
Section 23
C.
Section 25
D.
Section 27
Ans. (c)
38. Which provision of the Hindu Adoption and
Maintenance Act, 1956 exprsssly saves the custom regarding the adoption of a
married person?
A.
Section 10 (ii)
B.
Section 10 (ii)
C.
Section 10 (iv)
D.
none of these
Ans. (c)
39. Section
3 of the Limitation Act, 1963, applies to-
A.
suit
B.
election petitions
C.
appeals
D.
none of these
Ans. (d)
40. Section
5 of the Limitation Act, 1963, applies to-
A.
suits
B.
election petitions
C.
appeals
D.
none of these
Ans. (c)
41. Disability for the purpose of section
6(1) of the Limitation Act, 1963 does not mean disability arising because of-
A.
minority
B.
insolvency
C.
insanity
D.
idiocy
Ans. (b)
42. Section
13 of the Limitation Act, 1963 applies in case of-
A.
a pauper
B.
a minor
C.
an idiot
D.
an insane
Ans. (a)
43. Under
section 14 of the Limitation Act, 1963, defect of jurisdiction must relate to-
A.
territorial jurisdiction
B.
pecuniary jurisdiction
C.
subject matter jurisdiction
D.
any of the above
Ans. (d)
44. Section
15 of the Limitation Act, 1963 does not apply to-
A.
suits
B.
appeals
C.
execution proceedings
D.
none of the above
Ans. (b)
45. Period
of limitation for setting aside an exparte decree is-
A.
30 days
B.
60 days
C.
90 days
D.
15 days
Ans. (a)
46. Provision for con donation of delay, on
the ground of sufficient cause is dealt with under-
A.
section 5 of the Limitation Act, 1963
B.
section 8 of the Limitation Act, 1963
C.
section 12 of the Limitation Act, 1963
D.
section 18 of the Limitation Act, 1963
Ans. (a)
47. Section
22 of the Limitation Act, 1963 is not applicable in-
A.
case of a continuing tort
B.
case of a continuing breach of contract
C.
case of a suit for damages for wrongful
detention of goods.
D.
none of the above
Ans. (c)
48. A transferred his property to B in
1980, with a direction that the income
arising out of the property was to be accumulated till 2010 (i.e. for 30 yrs).
A died in 1955. The direction for accumulation would be valid-
A.
till 1995
B.
till 1998
C.
till 2010
D.
till the lifetime of B
Ans. (a)
49. Match list-I with list-II and select the
correct answer by using the codes given below the list:
List I List II
|
A.
|
Krishnamurthy
S. Sethur v. O.V. Narasimha Setty
|
(i) Adverse
Possession (section-27, the Limitation Act)
|
|
B.
|
Ram Nath Sao v. Gobardhan Sao
|
(ii)
Sufficient
cause (section-5,the Limitation Act )
|
|
C.
|
Sankar Dastidar v. Banjula Dastidar
|
(iii) Continuing tort (section-22) the Limitation
Act)
|
|
D.
|
Tilak Ram v. Nathu
|
(iv)Acknowledgement
(section-18, the limitation Act)
|
Codes:
A B C D
A.
I ii iii iv
B.
iii iv I ii
C.
I ii iv iii
D.
ii iii I iv
Ans. (d)
50. Match List-I with List-II and select the
correct answer by using the codes given below the lists:List
I List II
|
A.
|
Musahar Sahu
v. Lal Hakim Lal
|
(i) Part performance (section 53-A, TPA, 1882)
|
|
B.
|
Maddison v. Alderson
|
(ii)
Transfer
by ostensible owner
|
|
C.
|
Ram Coomar v. Mec Queen
|
(iii) Doctrine of election
|
|
D.
|
Mst. Dhanpati v. Devi Prasad
|
(iv) Fraudulent
transfer
|
Codes:
A B C D
A. I ii iii iv
B. iv I ii iii
C. I iii iv ii
D.
iv I iii ii
Ans. (b)
CRIMINAL
LAW
1. Country
liquor and Foreign Liquor are defined under Excise Act:
A.
Section-2 (14)
B.
Section 3
C.
Section 4
D. Section
5
Ans. (c)
2. An excise officer not below such rank as the
state government may prescribe has the power
A. to enter and isspect at any time by day
or by night, any place in which any licensed manufactured carries on the
manufacture of or stores any intoxicant.
B. to examine accounts and registers, test,
measure or weigh any materials, stills, utensils, implements, apparatus or
intoxicant in that place
C.
all of the above
D.
none of the above
Ans. (c)
3. Choose the correct one: Subject to certain
restrictions as the state government may prescribe, the authority granting any
license, permit or pass under the Excise Act may cancel or suspend it-
A. at will, if the conditions of license or
permit provide for such cancellation or suspension
B. if any duty or fee payable by the holder
thereof be not duly paid
C. if it is transferred or sublet by the
holder thereof without the permission of the said authority
D.
all of the above are correct.
Ans. (d)
4. Which activity is prohibited in the
‘reserved forests Act, 1927 provides for concept of ‘village forest’?
A.
clearing of forests for cultivation or
for any other puropose
B.
kindling, keeping or carrying any fire
C.
clearing or breaking up any land for
cultivation or for any other purpose
D.
all the above
Ans. (d)
5. Which
section of the Indian Forest Act, 1927 provides for concept of ‘village
forest’?
A.
Section 26
B.
Section 27
C.
Section 28
D.
Section 30
Ans. (c)
6. The
Indian Forest Act, 1927 consists of-
A.
76 sections and XI chapters
B.
86 sections and XII chapters
C.
60 sections and XII chapters
D.
89 sections and XII chapters
Ans. (b)
7. In which case section 42 was challenged
before the Supreme Court on the basis of freedom of trade and commerce’?
A.
Yaswant Sone Workers v. State of U.P.
B.
State of Tripura v. Sudhir Ranjan Nath
C.
Banwari Seva Ashram v. State of U.P.
D.
Ambica Quarry workds v. State of Gurjrat
Ans. (d)
8. No wife shall be entitled to receive
maintenance from her husband under section 125 of Cr. P.C. if:
A.
she is unable to maintain herself
B.
she has obtained divorce from her
husband and has not remarried
C.
she refused to live with her husband on
the ground that he keeps a mistress
D.
she is living in adultery’
Ans. (d)
9. The
maxim term of imprisonment awardable in a Summary Trial is:
A.
three months
B.
six months
C.
one year
D.
two years
Ans. (a)
10. Warrant
case means a case
A.
in which a police officer can arrest
without warrant
B.
on which case the court in the first
instance, shall issue a warrant of arrest against the accused.
C.
relating to an offence punishable with
death, imprisonment for life or imprisonment for a term exceeding two years
D.
relating to an offence punishable with
death, imprisonment for a term not exeeeding two years.
Ans. (c)
11. When can a trial court release an accused on
ball under section 389 (3) of Cr. P.C. after conviction?
A.
where accused is on bail and
imprisonment is not exceeding 3 years
B.
where accused is on bail and
imprisonment is not exceeding 5 years
C.
where accused is on bail and
imprisonment is not exceeding 7 years
D.
where offence is exclusively bailable
whether accused is on a bail or not
Ans. (a)
12. Point
out the incorrect response under the Cr. P.C.?
A.
inquiry is conducted by a court
B.
inquiry is conducted after framing the
charge
C.
inquirty is conducted prior to framing
of charge
D.
inquiry is conducted by a Magistrate
Ans. (b)
13. In which of the following cases it was held by
the Supreme Court that section of Cr. P.C. was applicable to all irrespective
of their religion?
A.
Mohd. Uman Khan v. Gulshan Begum
B.
Mohd. Amhed. Khan v. Shah Begum
C.
Subana Alias Saira Banu v. A.M. Abdul
Gafoor
D.
Sirajmohamad Khan v. Hafizunissa Yaseen
Khan
Ans. (b)
14. Under section 29 of the Cr. P.C., the Second
class Magistrate cannot pass sentence upto-
A.
01 year
B.
02 year
C.
03 year
D.
all of the above
Ans. (a)
15. For invoking section 133 of Cr. P.C. where
should be the inconvenience or invasion on-
A.
public rights
B.
public place
C.
private place or private person
D.
all of these
Ans. (b)
16. Which
of the following offence cannot be summarily tried?
A.
grievous hurt
B.
theft when the value of stolen property
is below Rs. 200/-
C.
offences relating to section 454 and 456
of the IPC
D.
offences of abetment of the offences
enumerated under section 260 (vii) of Cr. P.C.
Ans. (b)
17. Under section 198 of Cr. P.C. the court can
take cognizance of any offence laid down under section 497 and 498 of the IPC
on the complaint of-
A.
husband of the woman
B.
father of the woman
C.
mother of the woman
D.
any of these
Ans. (d)
18. Who
is authorized for removal of public nuisance?
A.
Executive Magistrate
B.
Judicial Magistrate 2nd Class
C.
Judicial Magistrate 1st Class
D.
District & Session Judge
Ans. (b)
19. In
relation to F.I.R. which of the following statement is not correct?
A.
it is not a substantive evidence
B.
it cannot be used as a previous
statement for any purpose.
C.
it merely marks the beginning of the
investigation
D.
the informant needs not be an eye
witness
Ans. (b)
20. Which
of the following cannot claim maintenance under section 125 of Cr. P.C.?
A.
wife who cannot maintain herself
B.
major married daughter who cannot
maintain herself
C.
mother or father who cannot maintain
herself or himself
D.
minor illegitimate daughter who cannot
maintain herself
Ans. (b)
21. In order that an Act should be punishable it
must be morally blame worthy. It must be a sin. Which of the following made
this observation?
A.
Salmond
B.
Justice Krishna iyer
C.
Lord Denning
D.
Stephen
Ans. (c)
22. The
draft of the IPC was prepared by:
A.
Dr. Harisingh Gaur
B.
Lord Macauly
C.
D.F. Mulla
D.
Kenny
Ans. (b)
23. A instigates B to instigate C to murder Z. B
accordingly instigates C to murder Z and C commits that offence in consequence
of B’s instigation. A is:
A.
not guilty of any offence
B.
not guilty of abetting murder
C.
guilty of abetment by conspiracy
D.
guilty of abetting murder
Ans. (d)
24. A and B who are cadets in the Indian Air Force
take out from the Jodhpur Aerodrome an aircraft, without the authority of the
Commandant and fly it away to Pakistan, What offence has been committed by
them/
A.
theft
B.
criminal breach of trust
C.
criminal mis appropriation
D.
sedition
Ans. (b)
25. A workman throws snow from a roof giving
warning. A passer by is killed. The workman is:
A.
guilty of murder
B.
guilty of culpable homicide not
amounting to murder
C.
not guilty since death was accidental
D.
guilty of causing death by negligence
Ans. (b)
26. Which
of the following sections of IPC deals with vicarious liability/
A.
Section 120-A
B.
Section 121-C
C.
Section 154
D.
Section 159
Ans. (c)
27. Assertion
A: homicide
is the killing of a human being by a human being
Reason R:
homicide is always unlawful
Codes:
A.
Both A and R are true and R is the
correct explanation of A
B.
Both A and R are true but R is not the
correct explanation of A
C.
A is true but R is false
D.
A is false but R is true
Ans. (c)
28. Common
intention means:
A.
similar intention
B.
same intention
C.
sharing of intention by all persons
D.
common plans
Ans. (c)
29. Which one of the following is not an essential
ingredient of the offence of Kidnapping under the Indian Penal Code?
A.
minor child
B.
intention of the accused
C.
without the consent of lawful guardian
D.
out of the keeping of the lawful
guardian
Ans. (b)
30. A cheats by pretending to be B a person who is
deceased. A is liable to be punishable under:
A.
section 420 of IPC
B.
section 419 of IPC
C.
section
418 of IPC
D.
section 417 of IPC
Ans. (b)
31. Nothing
is an offence which is done by a child under;
A.
eight years
B.
ten years
C.
seven years
D.
twelve years
Ans. (c)
32. The
word good faith is defined in the IPC under:
A.
Section 44
B.
Section 51
C.
Section 52
D.
Section 52-A
Ans. (c)
33. An executioner who executes the death penalty
is protected from criminal liability under:
A.
Section 97 of IPC
B.
Section 78 of IPC
C.
Section 79 of IPC
D.
Section 80 of IPC
Ans. (b)
34. Minimum
number of persons required to commit an 'Affray' is:
A.
five
B.
two
C.
ten
D.
eleven
Ans. (b)
35. Which one of the following cases is not
related to the principle of joint liability based upon common intention?
A.
Barendra Kumar Ghosh v. Emperor
B.
Mahbood Shah v. Emperor
C.
Reg v. Govinda
D.
J.M. Desia v. State of Bombay
Ans. (c)
36. How
many kinds of kidnappings are there in the Indian Penal Code?
A. one B. two
C. three D. four
Ans. (b)
37. Which of the following punishment cannot
be awarded under the Indian Penal Code?
A.
forfeiture of property
B.
rigorous imprisonment
C.
transportation for life
D.
death
Ans. (c)
38. Under IPC which one of the following
sections makes provision of solitary confinement?
A.
Section 71
B.
Section 72
C.
Section 73
D.
Section 74
Ans. (c)
39. The
essential elements of a crime are:
A.
Motive, Mens rea and Actus reus
B.
Motive, intention and knowledge
C.
Mens rea and Actus reus
D.
Knowledges, intention and action
Ans. (c)
40. A in good faith says of a book published
by Z that Z’s book is indecent, Z must be a man of impur mind. Is this
defamation punishable under section 500 of IPC?
A.
yes , because the opinion respects Z’s
character.
B.
no, because it is a slander
C.
no, because it falls within one of the
exception of section 499 of IPC
D.
no, because it has not been repeated.
Ans. (c)
41. Chapter Xvii containing sections 138 to
143 was introduced in the Negotiable instruments Act.
A.
Act 65 of 1988
B.
Act 66 f 1988
C.
Act 67 of 1988
D.
Act 68 to 68 of 1988
Ans. (b)
42. How
much time is given for complaint for dishonor?
A.
45 days of intimation of dishonour
B.
90 days of intimation of dishonour
C.
30 days of intimation of dishonour
D.
15 day of intimation of dishonor
Ans. (c)
43. The
offence of dishonor of Cheque excludes-
A.
strict liability
B.
absolute liability
C.
mens rea
D.
all of the above
Ans. (d)
44. What are the defences available against
proceedings under section 138 of Negotiable Instruments Act?
A.
absence of a legally enforceable debt or
liability
B.
absence of legal notice of 15 days
C.
lack of jurisdiction
D.
all of the above
Ans. (d)
45. That there must be specific allegation
regarding the role played by each of the directors, then only they are liable
for prosecution under section 138 of the Negtiable Instruments Act. In which of
the following cases this statement was made:
A.
Devi Iyers v. Nawab jan
B.
Y. Srelatha v. Mukand Chand Bothra
C.
Tord Engineers India Ltd. v. Nagarjuna
Finance Ltd
D.
BIP’s System Ltd. v. State
Ans. (c)
46. The effect of a notice under clause (B)
of section 138 of Negotiable instrumetns Act is-
A.
the payee forfeits the right to again
present the Cheque for payment
B.
the payee can present the Cheque for
payment
C.
the payee can present the Cheque with
the permission of the court
D.
none of the above
Ans. (a)
47. The
purpose of Wild life (Protection) Act, 1972 is:
A.
to protect the environment
B.
to protect the habitats of wild life
C.
to protect the living creatures as well
as women being live in wild
D.
none of the above
Ans. (b)
48. Who
is the chairman of National Board for wild life?
A.
Prime Minister
B.
President of India
C.
Chief Justice of India
D.
Person appointed by the central
government
Ans. (a)
49. Narayan
Saroval Chinkgra. Sanctuary is in the state of-
A.
Andhra Pradesh
B.
West Bengal
C.
Rajasthan
D.
Gujrat
Ans. (c)
50. In which case Supreme Court has declared
that state government must always consider the rights of tribals before an
action is taken to acquired an area and declar-
A.
Animal and Environment Legal Defence
Fund v. Union of India
B.
Gujrat Navodaya Mandal v. State
C.
Rajendra Kumar v. Union of India
D.
Pradeep Krishna v. Union of India
Ans. (a)
Courtesy:- Legal Point Foundation
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