Legal Point: Solved Question Paper of H.P. Judicial Services (Jr. Divn.) (Pre) Exam. 2007-I

H.P. Judicial Services (Jr. Divn.) (Pre) Exam. 2007-I

(Civil Law I)

1. The Relief by way of mandatory injunction is:

A. Prohibitory

B. Mandatory

C. Discretionary

D. None of these

Ans. (c)

2. Himachal Pradesh Courts Act was passed in the year:

A. 1986

B. 1966

C. 1976

D. None of these

Ans. (c)

3. In which year the Indian Stamp Act passed:

A. 1899

B. 1999

C. 1909

D. 1809

Ans. (a)

4. The Indian Stamp Act provides for:

A. Stamps payable for postage

B. Instruments chargeable to duty under the Act.

C. Duty payable under the Negotiable Instrument Act.

D. None of the above

Ans. (b)

5. Under the Indian Stamp Act, stamps are of:

A. 05 types

B. 03 types

C. 01 types

D. 02 types

Ans. (d)

6. Duty under the Indian Stamp Act in case of policy of insurance other than fire insurance is payable by:

A. Person effecting the insurance

B. Insurer

C. Jointly by both

D. None of these

Ans. (a)

7. A penalty for failure to cancel adhesive stamps may extend to:

A. Rs. 1000

B. Rs. 500

C. Rs. 100

D. Rs. 1000 & 2 months imprisonment

Ans. (c)

8. Under the Indian Stamp Act any instrument brought before an officer in charge of a public except officer of police and is chargeable to duty may be impounded by such officer if:

A. It appears to him that the insturnment is not duty stamped

B. Not properly written

C. Not signed

D. None of these

Ans. (a)

9. The trial for any offence committed under the Indian Stamp Act may be held:

A. Any district or presidency town in which such instrument is found or tried under Cr. P.C.

B. Any where in India

C. Any where in the State

D. None of these

Ans. (a)

10. The power of collector under the Indian Stamp Act to refund penalty paid is contained in:

A. Section 29

B. Section 39

C. Section 42

D. Section 43

Ans. (b)

11. A decree holder:

A. Need not be a party to the suit

B. The term is not confined to plaintiff

C. both A & B

D. Neither A nor B

Ans. (c)

12. Which of the following is not a right of civil nature:

A. Caste & Religion

B. Right to services which are honorary & gratuitous

C. Brij jijmam rights

D. Both A & B

Ans. (d)

13. Section 10 can come into operation:

A. Before filling of written statement in the subsequent suit

B. Before settlement of issues in subsequent suit

C. After settlement of issues in subsequent suit

D. All of these

Ans. (c)

14. A decision on issue of law:

A. Shall always operate as res-judicata

B. Shall never operate as res judicata

C. May or may not operate as res judicata

D. Either A or B

Ans. (c)

15. On production of a certified copy of the foreign judgement, the presumption as to the competency of the court, under section 14 of CPC is a :

A. Presumption of fact

B. Presumption of fact & law both

C. Rebuttable presumption of law

D. Irrebuttable presumption of law

Ans. (c)

16. Agreement between the parties to institute the suit relating to disputes in a particular court:

A. Does not oust the jurisdiction of other courts

B. May operate as estoppels between the parties

C. Both a and b

D. Neither a nor b

Ans. (c)

17. Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court:

A. No further appeal shall lie from the judgement and decree of such single judge.

B. Further appeal shall lie under the letters Patent for the High Court

C. Further appeal shall lie with the leave of the Supreme Court

D. Further appeal shall lie before the Division Bench of the High Court

Ans. (a)

18. A suit filed in representative capacity can be withdrawn, compromise and abandoned etc. by the plaintiff:

A. Without notice to all the persons interested

B. After notice to all the persons interested

C. Both a & b

D. Either a or b

Ans. (b)

19. Which of the following must be stated in the pleadings:

A. Facta probantia

B. Facta Probanda

C. Both A and B

D. Neither a nor b

Ans. (b)

20. Remedies available against an ex parts decree include:

A. Appeal

B. Review

C. Application for setting aside the decree

D. All of these

Ans. (d)

21. Where a decree is silent as regards future interest:

A. Future interest shall be deemed to have been refused and a separate suit shall lie for the same

B. Further interest shall be deemed to have been refused and a separate suit shall not lie

C. Future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court

D. Future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application

Ans. (b)

22. A decree for execution cannot be sent to a:

A. Foreign court

B. Court outside India established by the authority of Central Government.

C. Both a & b

D. Neither a nor b

Ans. (a)

23. Who can be arrested in execution of a decree

A. A man

B. A woman

C. A Minor

D. All of these

Ans. (a)

24. Which of the following properties cannot be attached in execution of a decree:

A. Penricus

B. Promissory notes

C. House or other building

D. Hundi

Ans. (a)

25. Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given:

A. As a general rule

B. Where the suit suffers from same formal defect & is likely to fail on that account.

C. Where the court finds sufficient grounds

D. Only B and C

Ans. (d)

26. In case the application for permission to sue as pauper is rejected, the suit is deemed to haven instituted, under Order 33, Rule 15A of CPC:

A. On the date on which the permission to sue as pauper refused

B. On the date on which the court fee is paid

C. On the date on which the application for permission to sue as pauper was presented.

D. Either a or b as directed by the court.

Ans. (c)

27. Relevancy and admissibility under the Indian Evidence Act are:

A. Synonymous

B. Co extensive

C. Neither synonymous nor co extensive

D. Synonymous and co extensive both

Ans. (c)

28. Law of evidence is:

A. Lex tallienis

B. Lex fori

C. Lex loci solutionis

D. Lex situs

Ans. (b)

29. Question of mode of proof is:

A. A question of law which can be raised at any time.

B. A question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity.

C. A question of procedure and can be raised at any time.

D. A mixed question of law and fact.

Ans. (b)

30. Propositions under Evidence Act are:

A. Statement is a genus, admission is a species & confession is a sub species

B. Statement & admission are species & confession is a sub species

C. Statement & admission are genus & confession is a species

In this context which of the following Is correct:

A. I is correct, II, III are incorrect

B. I & II are correct, III is incorrect

C. II & III are correct & I is incorrect

D. III is correct & I & II are incorrect

Ans. (a)

31. A retracted confession:

A. Can be made solely the basis of conviction

B. Cannot be made solely the basis of conviction under any circumstances.

C. Cannot be made solely the basis of conviction unless the same is corroborated.

D. Both a and c are incorrect

Ans. (c)

32. Confession of a co accused not required to be an oath and cannot be tested by cross examination

A. Is no evidence within the meaning of Section 3 of Evidence Act and cannot be the foundation of a conviction

B. The only limited use which can be made of a confession of a co accused is by way of furnishing an additional reason for believing such other evidence as exists.

C. It is a very weak type of evidence and is much weaker even than the evidence of an approver.

A. All I, II and III are correct

B. Only I and II are correct

C. Only I and II are correct

D. Only II and III are correct

Ans. (a)

33. A dying declaration:

A. Can form the sole basis of conviction without any corroboration by independent evidence.

B. Can from the basis of conviction only on corroboration by independent witness.

C. Cannot form the sole basis of conviction under corroborated by independent witness

D. Only B and C are correct

Ans. (a)

34. Secondary evidence is admissible:

Secondary evidence is admissible:

A. Where the non production of primary evidence has not been accounted for

B. Where the non production of primary evidence has been accounted for

C. Irrespective of whether the non production of primary evidence has been accounted for or not

D. Both a and c are correct

Ans. (b)

35. Burden of proof:

A. Partially determines the right to begin

B. Substantially determines the right to begin

C. Wholly determines the right to begin

D. Only c and not a or b

Ans. (a)

36. In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 112 of Evidence Act arises:

A. If the father is alive on the day the child is born

B. If the father is not alive on the day the child is born

C. Irrespective of whether the father is alive or dead on the day the child is born

D. Either (a) or (b)

Ans. (c)

37. Estoppel:

A. Is a cause of action in itself

B. Creates a cause of action

C. Both (a) and (b) are correct

D. Neither (a) nor (b) is correct

Ans. (d)

38. Testimony of an accomplice before it is accepted and acted upon:

A. Must be corroborated from the testimony of another accomplice

B. Must be corroborated from an independent source

C. Need not be corroborated at all

D. Either (a) or (c)

Ans. (b)

39. During re-examination of a witness:

A. A new matter can be introduced as a matter of right generally

B. A new matter can be introduced only with the permission of the court

C. No new matter can be introduced at all

D. Either (a) or (c)

Ans. (b)

40. During examination in chief or re-examination:

A. Leading questions cannot be asked under any circumstances

B. Leading questions on certain matters can be asked without the permission of the court, as a matter of right

C. Leading question on certain matter can be asked only with the permission of the court

D. Only and not (b) or (c)

Ans. (c)

41. The right to cross-examine on an court question is available:

A. To the adverse party only

B. To the party calling the witness only

C. To either of the parties if the adverse to either of the parties

D. Only (a) and not (b)

Ans. (c)

42. Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts act because

A. of summary nature of inquiry

B. Contempt matters are governed by special Acts

C. Contempt of courts does not require enquiry and the investigation

D. Contempt proceedings are tried in higher judiciary

Ans. (a)

43. Specific Relief Act is:

A. Remedial in nature

B. Protective in nature

C. A subordinate law

D. All of these

Ans. (d)

44. A suit for recovery of possession under section 6 cannot be filled against:

A. A private individual

B. A company

C. A government

D. A film

Ans. (c)

45. The question of title is:

A. Relevant under section 6 of the Specific Relief Act, 1963

B. Irrelevant under section 6 of the Specific Relief Act, 1963

C. Question of title is not a provision under the Specific Relief Act, 1963

D. None of the above

Ans. (b)

46. Relief of rescission is granted in cases:

A. Where the contract is void

B. Where the contract is voidable

C. Both void & voidable contracts

D. Neither void nor voidable contracts

Ans. (c)

47. Injunctions cannot be granted in a suit:

A. In which the specific performance cannot be enforced.

B. For breach of negative contract to enforce specific performance

C. For declaration where the plaintiff in possession.

D. Neither a not b nor c

Ans. (a)

48. In cases of specific performance of a contract, the rights of the parties are governed by the principles of:

A. Equity

B. Law

C. Equity & Law

D. Only equity and not law

Ans. (c)

49. Rise in value since agreement is:

A. A ground to refuse specific performance in case of an agreement to sell immovable property

B. A ground to refuse specific performance in case of an agreement to sell moveable property

C. a ground to refuse specific performance in case of an agreement to sell immovable and moveable property both.

D. Not a ground to refuse specific performance in case of an agreement to sell either immovable or moveable property.

Ans. (c)

50. A mandatory injunction is:

A. Retrospective in operation

B. Prospective in operation

C. Concurrent in operation

D. Both b and c

Ans. (d)

Civil Law-II

1. Who is not a class I heir under Hindu Succession Act:

A. Mother

B. Father

C. Son

D. Wife

Ans. (b)

2. Coparcenary property is known as:

A. Join Family property

B. Self Acquired property

C. Separate property

D. Non of these

Ans. (a)

3. The allenation of property without the permission of High Court is:

A. Valid

B. Void

C. Voidable

D. Illegal

Ans. (a)

4. The Indian Contract Act was enacted in the Year:

A. 1950

B. 1938

C. 1945

D. 1872

Ans. (d)

5. A enters into a contract with b to buy his colour T.v. provided be obtains bank loan. This contract is called:

A. A valid

B. contract

C. Contingent contract

D. Voidable contract

E. None of these

Ans. (b)

6. Mohoribibi v. Dharmodas Ghose is a case relating to:

A. Partition of property

B. Divorce

C. Minors contract

D. None of these

Ans. (c)

7. A consent is said to be free when it is not caused by:

A. Coersion

B. Undue influence

C. Fraud

D. All of these

Ans. (d)

8. Under Section 6 of the Indian Contract Act, a proposal may be revoked:

A. By the communication of notice of revocation by the proposer to the other party

B. By the lapse of time fixed in the proposal for its acceptance

C. By the death or insanity of the proposer

D. All of the above

Ans. (d)

9. When the communication of a proposal Is complete:

A. When communication of proposal is posted

B. When proposal is written

C. When it comes to the knowledge of the person to whom it is made

D. None of the above

Ans. (c)

10. Under Hindu Marriage Act, condonation’ applies to the matrimonial offence of:

A. Adultery

B. Cruelty

C. Desertion

D. Both a & b

Ans. (d)

11. The contract of unerrimae fidei means:

A. A contract of good will

B. A contract guaranteed by a surety

C. A contract of absolute faith

D. None of these

Ans. (c)

12. In order to render a contract void on the ground of mistake, mistake may be:

A. of Law

B. of mixed fact and law

C. of fact and not of law

D. None of these

Ans. (c)

13. The term consensus ad idem means:

A. Formation of the contract

B. Meeting of mind together

C. Reaching of agreement

D. General consensus

Ans. (b)

14. P an advocate was engaged by Q for a fee of Rs. 2000/- to argue his appeal in the High Court. On the day of hearing, Q agreed to pay him an additional sum of Rs. 10,000/- if he argues the case well:

A. The contract between P and Q is valid

B. The agreement is void as it is against public policy

C. If P argues the case well, irrespective of case, is entitled to the amount

D. None of these

Ans. (c)

15. A a wholesale dealer in rice, enters into an agreement with B that he would not sell rice beyond a radius of one mole of his go down:

A. Agreement is valid

B. Agreement is void

C. Agreement is invalid

D. None of these

Ans. (a)

16. Ex nudo pacto non oritur action, means:

A. A stranger to the contract cannot sue

B. An agreement without consideration is void

C. An agreement based on natural love and affections

D. All the above

Ans. (b)

17. A contracts to pay B a certain sum of money when B marries C. C dies without being married to B:

A. The contract not enforceable

B. The contract valid and enforceable

C. The contract invalid

D. None of these

Ans. (a)

18. AB and C jointly promise to pay D a sum of Rs. 3000. A & B are untraceable. Is C is liable to pay?

A. C liable to pay D in full

B. C liable to pay D in part

C. Liability of C does not arise

D. None of these

Ans. (a)

19. Who can demand performance of the promise:

A. Promise

B. Promisor

C. Stranger

D. All of these

Ans. (a)

20. A notice in the Newspapers inviting tenders is:

A. A proposal

B. An invitation to proposal

C. A promise

D. An invitation for negotiation

Ans. (b)

21. Spes successionis means:

A. Chances of succeeding to herediatary property

B. Chances of succeeding to property of another

C. Both a and b

D. None of these

Ans. (c)

22. Rule against perpetuity is a:

A. Rule against transfer of property

B. Rule favouring transfer of property

C. Rule fixing the maximum period of time for which vesting of property can be postponed

D. Includes all

Ans. (c)

23. A by a settlement deed transfers property to P for life, then to S. S dies before P dies. On the death of P the heir of S claims the property. Is the claim valid?

A. Valid, since S interest is heritable

B. Invalid, since S interest is contingent

C. Invalid, since settlement deed is vague

D. None of these

Ans. (a)

24. Nemo dat quot non habet (No man can confer a better title than that which be himself has) is an established principles of:

A. Rule of transfer of property

B. Rule of law of Torts

C. Rule of law of crimes

D. Rule of contract

Ans. (a)

25. The doctrine of Lispendens applicable

A. During the pendency of the proceeding

B. After filing the suit

C. After disposal of the suit

D. Before filling the suit

Ans. (a)

26. The doctrine of subrogation enables:

A. Third person to stand in the shoes of a creditor

B. Creditor to sue the debtor

C. Debtor to postpone the payment

D. Includes all of these

Ans. (a)

27. The transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called:

A. Mortgage

B. Lease

C. Sale

D. None of these

Ans. (b)

28. Two persons mutually transfer the ownership of one thing for the ownership of another for no consideration, the transaction is called:

A. Gift

B. Exchange

C. Sale

D. Lease

Ans. (b)

29. Actionable claims are

A. Share in a company

B. Claim to copy right

C. Mortgage debt

D. None of these

Ans. (a)

30. Transfer of property means:

A. Transfer between living beings

B. Transfer between living person and trust

C. Transfer between legal persons

D. Includes all

Ans. (d)

31. The Limitation Act brought into force in:

A. 1964

B. 1963

C. 1965

D. 1967

Ans. (a)

32. Bar of Limitation act applies to:

A. Appeal

B. Suit

C. Application

D. All of these

Ans. (d)

33. In computing the period of limitation for an appeal:

A. The day on which judgement pronounced shall be included

B. The day on which judgement pronounced shall be excluded

C. The day on which judgement prounounced and the time requisite for obtaining copy of the decree shall be excluded

D. The time taken for preparing the decree be included

Ans. (c)

34. Effect of death on or before the accrual of the right to sue:

A. Ceases the right to sue

B. Extends the right to sue

C. Enables court to dismiss the suit

D. None of these

Ans. (b)

35. After the institution of a suit, a new defended is substituted. The suit is deemed to have been instituted as regards him:

A. When he was made a party

B. When the suit was instituted

C. Fresh period of limitation to be reckoned

D. None of these

Ans. (a)

36. Period of limitation to recover possession from a tenant begins when:

A. Term of tenancy is expired

B. Notice of termination issued

C. Tenancy is made

D. None of these

Ans. (a)

37. Period of limitation to recover possession from a tenant begins when:

A. Term of tenancy is expired

B. Notice of termination issued

C. Tenancy is made

D. None of these

Ans. (a)

38. Ground for condonation of delay:

A. Poverty

B. Sickness

C. Illiteracy

D. All of these

Ans. (d)

39. Limitation Act applies to:

A. Only civil suits

B. Only criminal cases

C. Both criminal and civil cases

D. Civil, criminal and service matters

Ans. (a)

40. Grounds for legal disability are:

A. Minority

B. Insanity

C. Idiocy

D. All of these

Ans. (d)

41. Which of the following is not a prerequisite for a valid marriage under the Hindu Marriage Act, 1956

A. Both parties must have sound mind

B. The age of the bridegroom must be 21

C. Either of the party must be an Hindu

D. Parties must not be within the degree of prohibitory relationship

Ans. (b)

42. T. Sareetha v. Venkatasubbaiah is a case relating to:

A. Partition of property

B. Conjugal rights

C. Inheritance

D. None of these

Ans. (b)

43. Which of the following is not a source of Modern Hindu Law:

A. Precedent

B. Equity, Justice and good conscience

C. Legislation

D. Custom

Ans. (d)

44. Interim Maintenance claimed by Husband/ Wife during pendency of matrimonial proceedings is called as:

A. Maintenance pendent lite

B. Alimony pendent lite

C. Receivings

D. None of these

Ans. (a)

45. Which of the following prerequisite is not a ground for judicial separation of a Marriage:

A. Cruelty

B. Bigamy

C. Suffering from venereal disease

D. Demand for dowry

Ans. (d)

46. A Hindu wife is not entitled for separate residence and maintenance if she:

A. Becomes unchaste

B. Ceases to be a Hindu by conversion

C. Is living separately on her own volition

D. All of these

Ans. (d)

47. Which section of the Hindu Marriage Act deals with Alimony:

A. Section 24

B. Section 21

C. Section 26

D. Section 36

Ans. (a)

48. Application for maintenance can be made to

A. Trial Court

B. Appellate Court

C. High Court

D. Supreme Court

Ans. (a)

49. A degree of dissolution of marriage under Indian Divorce Act passed by District Judge requires confirmation of:

A. Family Court

B. Magistrate Court

C. High Court

D. Supreme Court

Ans. (a)

50. Section 22 of Hindu Marriage Act provides for:

A. Bar to Matrimonial relief

B. In cameral proceedings

C. Rule of fair Trail

D. All of these

Ans. (b)

Criminal Law

1. The offence under section 138 of the Negotiable Instrument Act, 1881 is to be tried by:

A. A Judicial Magistrate of the First Class or Metropolitan Magistrate

B. A Judicial Magistrate of the Second Class

C. An Executive Magistrate

D. A Special Executive Magistrate

Ans. (a)

2. Who is entitled to make a complaint for taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881?

A. A public spirited citizen

B. The drawee bank

C. Only the holder of the cheque

D. All of these

Ans. (c)

3. The complaint for taking cognizance 01 offence under Section 138 of the Negotia 'Instruments Act, 1881 has to be made:

A. Within 15 days of the cause of action

B. Within one month of the cause action.

C. Within three months of the cause action

D. Within six months of the cause of action

Ans. (b)

4. Who as the drawer of a cheque can be prosecuted for non-payment of the cheque due to insufficient funds under section 138 of the Negotiable Instruments Act, 1881:

A. Only a human being

B. Only a body corporate

C. Only a firm

D. All of these

Ans. (d)

5. The Forest of ‘Forests’ was transferred from State List (List-II) to the Concurrent List (List-III) of the Seventh Schedule of the Constitution of India by:

A. The Constitution (24th Amendment) Act

B. The Constitution (42nd Amendment) Act

C. The Constitution (43rd Amendment) Act

D. The Constitution (44th Amendment) Act

Ans. (b)

6. The Wild Life Protection Act was enacted in:

(A) 1872 (B) 1971

Ans. (c)

7. Wildlife refers to:

A. Predatory animals in their natural habitat

B. Economically important animals and plants

C. Any living organism in its natural habitat

D. Any living organism in any habitat

Ans. (c)

8. Animals and plants are best protected in:

A. Zoos

B. Botanical Gardens

C. Sanctuaries

D. National Parks

Ans. (c)

9. Which of the following bird has gained importance as wildlife in recent year:

A. Indian Bustard

B. Pelican

C. Pheasants

D. Egrets

Ans. (b)

10. Many wild animals are on the verge of extinction due to:

A. Hunting

B. Cannibalism

C. Climatic changes

D. Habitat destruction

Ans. (d)

11. Which one is not an essential ingredient of a crime?

A. Motive

B. Human being

C. Evil intent

D. Act

Ans. (a)

12. ‘Unlawful Assembly’ has been defined in the Indian Penal Code, 1860 under:

(A) Section 34 (B) Section 146

Ans. (c)

13. In a dark night 'A' and 'B' were fighting. B's wife keeping her child on her shoulder reached there for separating them. In the meaning A's fist fell on the back of the child and the child died. 'A' is liable for:

A. Murder

B. Hurt

C. Grievous hurt

D. Culpable homicide

Ans. (b)

14. A placed a bomb in a medical store and gave the people inside three minutes time to get out before the bomb exploded. B an arthritic patient, failed to escape and was killed. A is liable for

A. Murder

B. Culpable homicide

C. Causing death by negligence

D. Causing death by gross negligence

Ans. (a)

15. Which one is not necessary in the offence of kidnapping under Indian penal code?

A. Minor child

B. Without the consent of lawful guardian

C. Intention of the accused

D. None of these

Ans. (c)

16. 'A' keeps a loaded pistol with him to kill B if B resists 'A' in committing theft of the property under his possession. 'A' is liable under:

(A) Section 392 (B) Section 379

Ans. (d)

17. 'A' abets 'B' to beat 'C'. Subsequently 'A' reaches the place where '8: is beating 'C'. 'A' is liable under:

(A) Section 34 (B) Section 109

Ans. (c)

18. A removes B’s book from his house without his consent with the intention to return it to him if he as a friend rewards him for the return A is liable for:

A. Theft

B. Attempt to theft

C. Criminal breach of trust

D. Attempt to criminal breach of trust

Ans. (a)

19. A pretends to B, a person who has been deceased. A is liable to be punished under:

A. Section 417 of IPC

B. Section 4180f IPC

C. Section 419 of IPC

D. Section 420 of IPC

Ans. (a)

20. In exercise of the right of private defence death cannot be caused in the case of:

A. Robbery

B. House breaking by night

C. Mischief by fire in dwelling house

D. Theft, mischief or house trespass

Ans. (d)

21. A finds a purse with money, not knowing to whom it belongs, he afterwards discovers that it belongs to B, and appropriates to his own use. A is guilty of:

A. Theft

B. Criminal misappropriation of properly

C. Criminal Breach of Trust

D. Cheating

Ans. (b)

22. 'A' puts his hand in the pocket of 'B' for stealing money, but the pocket was empty. 'A' is:

A. Guilty of theft

B. Guilty of extortion

C. Guilty of attempt to commit theft

D. Not guilty of any offence

Ans. (c)

23. A bull which is dedicated to an old idol in a temple is caught by B and put to work in his garden. B is:

A. Guilty of mischief

B. Guilty of extortion

C. Guilty of attempt to commit theft

D. Guilty of theft

Ans. (d)

24. 'A' a police officer obtains a sum of Rs. 10,000/- from 'B' by putting him under the fear that he will immediately be put into prison and will not be released for months, the police officer is guilty of:

(A) Theft (B) Robbery

Ans. (c)

25. A instigates B to murder C. B refuses to do so. A is guilty of :

A. Abetting 'B' to commit murder

B. Criminal conspiracy

C. Attempt to murder

D. No offence

Ans. (a)

26. Which one of the following cases is the offence of rape?

A. Vinod Chaturvedi v. State of M.P.

B. Baldeo Prasad Singh v. State

C. Tuka Ram v. State

D. Shashidar Purandhar Hedge v. State of Karnataka

Ans. (c)

27. A child is considered to be doli-capax, he is:

A. Below 7 years of age

B. Above 7 years but below 12 years of

C. Above 5 years of age

D. Above 6 years of age Insanity is:

Ans. (b)

28. Insanity is:

A. Lack of freewill

B. Unsoundness of mind

C. Incapable of knowing the nature of committed

D. Diseased mind

Ans. (c)

29. 'A' fired a shot from his pistol at 'B' but it hit 'C' and 'C' died. The offend committed is:

A. Murder under section 301

B. Murder under section 300

C. Culpable homicide

D. Attempt to murder

Ans. (a)

30. 'A' entered the room of a girl 'B' aged about eight months who was sleeping and injured her private part. In this case 'A' committed:

A. No offence

B. An offence under section 354 IPC

C. An offence of rape

D. An offence of house-trespass

Ans. (b)

31. The legal maxim "de minimis non curat lex” means:

A. Maximum risk and minimum harm

B. Minimum should be the harm

C. The law takes no account of very trifling matters

D. None of these

Ans. (c)

32. A allows an illegal marriage to be solemnized by B a priest in his house. Here:

A. B is liable for abetting the offence

B. A is liable for abetment

C. Both A and B are liable for abetment

D. None of these

Ans. (c)

33. The abetment of abetment is an offence. it can be directly deducible from:

A. Section 107 IPC

B. Section 108 IPC

C. Section 109 IPC

D. Section 110 IPC

Ans. (b)

34. A woman ran to a well stating that she would jump into the well but she was caught before she could reach it. She is guilty of:

A. Attempt of murder

B. Attempt of culpable homicide

C. Attempt to commit suicide

D. No offence

Ans. (d)

35. A with guilty intention abets P a child of six years to commit theft in B’s house. The act is not committed. Here A is:

A. Guilty of theft

B. Guilty of no offence

C. Guilty for abetting theft

D. Guilty of attempt to commit theft

Ans. (c)

36. The Code of Criminal Procedure, 1973 came into force on:

A. 1^st January, 1974

B. 24^th January, 1974

C. 25^th January, 1974

D. 1^st April, 1974

Ans. (d)

37. The main characteristic of the new Code of criminal Procedure, 1973 is:

A. The separation of the Legislature from the Executive

B. The separation of the Judiciary from the Executive

C. The separation of the Revenue work from the Executive

D. To provide judicial powers to the Executive Magistrates.

Ans. (b)

38. In a cognizable offence a police officer:

A. May arrest an accused without warrant

B. Cannot arrest an accused without warrant

C. Is not required to produce the accused before a Magistrate

D. Can keep the accused in police custody without a remand order.

Ans. (a)

39. Who amongst the following is not entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973?

A. Illegitimate minor child

B. Divorced wife

C. Uterine brother

D. Father

Ans. (c)

40. Provision regarding anticipatory bail is given in the Code of Criminal Procedure, 1973 under:

A. Section 439

B. Section 438

C. Section 437

D. Section 436

Ans. (b)

41. Which one of the following sections of the Code of Criminal Procedure, 1973 deals with the provision that no appeal lies in petty cases?

A. Section 376

B. Section 377

C. Section 375

D. Section 370

Ans. (a)

42. Which section of the Code of Criminal Procedure, 1973 empowers High Court to confirm a sentence of death passed by a Court of Session?

A. Section 366

B. Section 367

C. Section 368

D. Section 370

Ans. (c)

43. Which section of the Code of Criminal Procedure, 1973 deals with the inherent powers of the High Court?

A. Section 483

B. Section 480

C. Section 481

D. Section 482

Ans. (d)

44. Where, in a trial before the Court of Session, the accused is not represented a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at expense of the State in the Code of Criminal Procedure, 1973 under:

A. Section 302

B. Section 303

C. Section 304

D. Section 404

Ans. (c)

45. Which section of the Code of Criminal Procedure, 1973 deals with the power of Sessions Judge to transfer cases and appeals?

A. Section 408

B. Section 409

C. Section 406

D. Section 407

Ans. (a)

46. In the Code of Criminal Procedure, 1973 Assistant Public Prosecutors are appointed by the State Government for conducting prosecutions in the Courts of Magistrates under:

A. Section 20

B. Section 21

C. Section 24

D. Section 25

Ans. (d)

47. In which one of the following cases the Supreme Court has held that a married daughter with independent sufficient means of her own is liable to maintain her father or mother under section 125 of the Code of Criminal Procedure, 1973?

A. Sundeep Chaudhary v. Radha Chaudhary

B. Vijay Manohar Arbat v. Kahin Rao rajaram sawai

C. Rewati Bai v. Jogeshwar

D. K.V. Rudraiah v. B.S. Mudda Gangamma

Ans. (a)

48. “Summons Case” means a case relating to an offence, punishable with:

A. Death

B. Imprisonment for life

C. Imprisonment for a term exceeding two years

D. Imprisonment for a term not exceeding two years

Ans. (d)

49. The Court of a Chief Judicial Magistrate is empowered to pass a sentence of:

A. Imprisonment for seven years

B. Imprisonment for eight years

C. Imprisonment for ten years

D. Death or imprisonment for life

Ans. (a)

50. The Court of Magistrate of the second Class is empowered to pass a sentence of imprisonment for a term not exceeding:

A. Seven years

B. Three years

C. Two years

D. One years

Ans. (d)

Courtesy:- Legal Point Foundation

Legal Point

03 March, 2016

Solved Question Paper of H.P. Judicial Services (Jr. Divn.) (Pre) Exam. 2007-I

No comments: