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

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

(Civil Law I)

1. Section 10 of the Specific Relief Act, 1963 provides for:

A. The contracts which can be specifically enforced

B. The contracts which cannot be specifically enforced

C. Specific performance of a part of the contract

D. None of these

Ans. (a)

2. In cases of specific performance of a contract, the right of the parties are governed by the principal of:

A. Equity

B. Law

C. Equity & Law

D. None of these

Ans. (c)

3. Specific performance of a contract

A. Will be ordered generally where damages are an adequate relief

B. May be ordered where damages are an adequate

C. Will never be ordered if damages are an adequate remedy

D. May not be ordered if damages are an adequate remedy

Ans. (c)

4. Specific performance of a part of the contract, has been dealt with under:

A. Section 9 of the Specific Relief Act, 1963

B. Section 10 of the Specific Relief Act, 1963

C. Section 11 of the Specific Relief Act, 1963

D. Section 12 of the Specific Relief Act, 1963

E. Section 12 of the Specific Relief Act, 1963

Ans. (d)

5. For Section 12(4) of the Specific Relief Act, 1963, to apply:

A. The parts of the contract must be divisible

B. The part that can be specifically enforced in independent and separate from the other part.

C. Both A and B

D. Neither A nor B

Ans. (c)

6. Contracts not specifically enforceable have been enumerated in:

A. Section 14 of the Specific Relief Act, 1963

B. Section 13 of the Specific Relief Act, 1963

C. Section 12 of the Specific Relief Act, 1963

D. Section 15 of the Specific Relief Act, 1963

Ans. (a)

7. Section 9 of the Specific Relief Act, 1963, provides for:

A. The grounds on which specific performance of the contracts can be granted

B. The defences which a person, against, whom the relief of specific performance is claimed, may plead

C. The defences which a person, against whom the relief of specific performance is claimed, cannot plead

D. The grounds on which specific performance of a contract cannot be granted

Ans. (b)

8. The circumstances under which a perpetual injunction can be granted have been enumerated under:

A. Section 36 of the Specific Relief Act, 1963

B. Section 37 of the Specific Relief Act, 1963

C. Section 38 of the Specific Relief Act, 1963

D. Section 39 of the Specific Relief Act, 1963

Ans. (c)

9. Besides the courts of small causes and the courts established under any other enactment, the number of classes of subordinate Civil Courts provided under the Himachal Pradesh Courts Act, 1976, are:

(A) Three (B) Five

Ans. (a)

10. Under the Himachal Pradesh Courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District Judge, where the value of the original suit, in which the decree/order was made did not exceed:

A. Ten thousand rupees

B. Twenty five thousands rupees

C. Fifty thousands rupees

D. Two lakh rupees

Ans. (d)

11. The Code of Civil Procedure, 1908 was amended by the Civil Procedure Code (Amendment) Act, 2002, with the object to:

A. Cut short delay in disposal of suit

B. Give more power to civil courts

C. Reduce the power of civil courts

D. Make provisions stringent

Ans. (a)

12. Which of the following is not a decree?

A. Rejection of a plaint

B. Dismissal in default

C. Both (a) and (b)

D. Neither (a) nor (b)

Ans. (b)

13. Foreign court under Section 2(5) of CPC means

A. A court situated outside India

B. A court situated outside India and not established under the authority of Government of India

C. A court situated in India applying foreign law

D. All the above

Ans. (b)

14. Who amongst the following is not a public officer within the meaning of Section 2(17) of CPC?

A. A Judge

B. Surpanch of a Gram Panchayat

C. A person in service under the pay of Government

D. None of the above

Ans. (b)

15. Pecuniary jurisdiction of the court has been described under:

(A) Section 3 of CPC (B) Section 4 of CPC

Ans. (d)

16. Principle of res-judicata applies:

A. To suits only

B. To execution proceedings

C. To arbitration proceedings

D. To suits as well as execution proceedings

Ans. (d)

17. Under Order IV Rule 1, sub rule (1) of CPC, a suit is instituted when:

A. A copy of plaint is presented to the court

B. A plaint in duplicate is presented to the court

C. A plaint in triplicate is presented to the court

D. The court takes the plaint consideration

Ans. (b)

18. Order VIII Rule 1 of the CPC mandates the defendant shall file the written statement of his defence within:

A. 60 days from the date of service summons

B. 90 days from the date of service summons

C. 30 days from the date of service summons

D. 10 days from the date of service summons

Ans. (c)

19. Pleading must state:

A. Facts

B. Law

C. Evidence

D. All of these

Ans. (a)

20. Copy of the judgement shall be made available to the parties, under Order XX, Rule 1(2). CPC:

A. Immediately after the pronouncement the judgement

B. after 7 days from the pronouncement a the judgement

C. after 14 days from the pronouncement of the judgement

D. after 21 days from the pronouncement of the judgement

Ans. (a)

21. Which of the following, in respect of set-off correct?

A. Set-off can be claimed in a suit for recovery of money

B. The amount claimed must be ascertained amount

C. The amount claimed to be set-off must be legally recoverable and not barred by limitation

D. All the above

Ans. (d)

22. An ex-parte decree can be set aside:

A. Under Order IX Rule 7 of CPC

B. Under Order IX Rule 11 of CPC

C. Under Order IX Rule 12 of CPC

D. Under Order IX Rule 13 of CPC

Ans. (d)

23. Precept is:

A. A transfer of the decree

B. An order to another competent court to attach any property of the judgement debtor

C. An execution of decree

D. None of the above

Ans. (b)

24. Pauper appeals have been provided under:

A. Order XLII of CPC

B. Order XLIII of CPC

C. Order XLIV of CPC

D. Order XLV of CPC

Ans. (c)

25. For presumption of death under Section 108 of the Indian Evidence Act, 1872, the person is shown to be not heard for a period of:

A. Three years

B. Seven years

C. Twelve years

D. Thirty years

Ans. (b)

26. Section 112 of the Indian Evidence Act, 1872, provides for:

A. Presumption of life

B. Presumption of marriage

C. Presumption of death

D. Presumption of legitimacy

Ans. (d)

27. Presumption as to dowry death is contained

In:

A. Section 111A of Evidence Act

B. Section l13A of Evidence Act

C. Section 113B of Evidence Act

D. Section 113 of Evidence Act

Ans. (c)

28. Acommunication made to the spouse during marriage, under Section 122 of the Evidence Act:

A. Remains privileged communication after the dissolution of marriage by divorce or death

B. Does not remain privileged after the dissolution of marriage by divorce or death

C. Does not remain privileged after the dissolution of marriage by divorce but remains privileged even after death

D. Remains privileged after the dissolution of marriage by divorce but not so on after death

Ans. (a)

29. An accomplice is a competent witness:

A. Under Section 118 of the Evidence Act

B. Under Section 119 of the Evidence Act

C. Under Section 132 of the Evidence Act

D. Under Section 133 of the Evidence Act

Ans. (d)

30. Cross-examination of a witness:

A. Must relate to relevant facts and has to be confined to what the witness testified in examination-in-chief

B. Must relate to relevant facts but need not be confined to what the witness testified in examination-in-chief

C. May not relate to relevant facts but must relate to what the witness testified in examination-in-chief

D. May not relate to relevant facts and may "not be confined to what the witness testified ~ examination-in-chief

Ans. (b)

31. The provision relating to "hostile witness" is provided in:

A. Section 154 of the Evidence Act

B. Section 155 of the Evidence Act

C. Section 114 of the Evidence Ad

D. Section 133 of the Evidence Act

Ans. (a)

32. Which section of the Indian Evidence Act was amended by the Criminal law (Amendment) Act, 2005?

(A) Section 90A (B) Section 32

Ans. (d)

33. Admissions:

A. Constitute conclusive proof of the facts admitted

B. May operate as estoppels

C. Do not operate as waiver of proof

D. Are never held substantive evidence of the facts admitted

Ans. (b)

34. Confession of an accused is irrelevant and inadmissible when made:

A. While in police custody but in the immediate presence of a Magistrate

B. In consequence of a deception practised on the accused for the purpose of obtaining it

C. When he was drunk

D. Before a Magistrate, who told him that if he made a full confession, he would be released

Ans. (d)

35. To be admissible, a dying declaration:

A. Must be made before a Magistrate

B. Must be made before a Police Officer

C. Must be made before a Doctor

D. Must be made to any person, a doctor, a magistrate, friend or a near relative

Ans. (d)

36. The opinion of experts is not relevant:

A. On a point of Indian law

B. On a point of foreign law

C. On matters of science

D. On handwriting or finger impressions

Ans. (a)

37. In relation to the Indian Evidence Act, 1872, which of the following statements is not correct?

A. Court includes arbitrators

B. An inscription on a metal-plate is a document

C. A fact is said to be not proved when it is neither proved nor disproved

D. The state of a person's health is a fact

Ans. (a)

38. A is accused of the murder of B. At his trial, which of the following will not be a fact in issue?

A. That A intended to cause B's death

B. That A had received grave and sudden provocation from B

C. That A caused B's death by beating B with a club

D. That A had gone to filed with a club

Ans. (d)

39. Mark the incorrect statement:

A. The terms 'relevancy' and 'admissibility' are co-extensive and inter- changeable

B. That evidence must be relevant in order to be admissible

C. That facts which are relevant may not be admissible

D. That 'relevancy' is the genus of which 'admissibility" is a species

Ans. (a)

40. Mark the incorrect statement:

A. Evidence is always allowed of facts which are necessary to introduce the main fact or some relevant fact

B. Evidence can be given of facts which support or rebut an inference suggested

C. by a fact in issue or relevant fact

D. Facts which contradict the inference of guilt will also be relevant

E. Circumstances of the situation relevant to prove an identity

Ans. (d)

41. Which is not the main principle that underlines the Law of Evidence?

A. The best evidence must be given in all cases

B. Evidence must be confined matters in issue

C. Hearsay evidence must not be admitted

D. Hearsay evidence must be admitted

Ans. (d)

42. That there are certain things arranged certain order in a certain place:

A. Is a fact

B. Is a document

C. Is amative

D. Is an opinion

Ans. (a)

43. The question is, whether A was ravished fact that without making a complaint, that she had been ravished:

A. Is relevant as conduct

B. Is not relevant as conduct

C. Can not be relevant as a dying declaration

D. Can not be relevant as corroborative evidence

Ans. (b)

44. A is accused of murdering B. The following facts are constructed in the case:

I. An hour before the murder, A tool his car to a certain place

II. A alone returned home

III. A's cloth were found to be bloods

IV. The evidence which takes into ac the above mentioned facts is called

A. Circumstantial evidence

B. Direct evidence

C. Secondary evidence

D. Real evidence

Ans. (a)

45. Under the Specific Relief Act, 1963, a suit for recovery of possession can be filed:

A. Only in respect of moveable property

B. Only in respect of immovable property

C. In respect of bath moveable immovable properties

D. Neither in respect of moveable nr respect of immovable property

Ans. (c)

46. Specific relief can be granted for:

A. Enforcing individual civil rights

B. Enforcing penal laws

C. Both civil rights and penal laws

D. Neither civil rights nor penal laws

Ans. (a)

47. A suit for possession of immovable property, under Section 6 of the Specific Relief Act, 1963, can be filed within:

A. 1 year of dispossession

B. 6 months of dispossession

C. 3 months of dispossession

D. 12 years of dispossession

Ans. (b)

48. 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. Not a provision under the Specific Relief Act, 1963

D. None of the above

Ans. (b)

49. Section 114 of the Evidence Act, 1872 provides for certain:

A. Presumptions of facts

B. Rebuttable presumptions of law

C. Irrebuttable presumptions of law

D. Presumptions of facts and law both

Ans. (a)

50. Suit under Section 8 of the Specific Relief Act, 1963, is not competent:

A. Against a person who is the owner of the article claimed

B. Against a person who has the possession or control over the article

C. In respect of an article for which compensation in money is not an adequate relief

D. In case where ascertainment of damages in extremely difficult.

Ans. (a)

Civil-Law-II

1. The Hindu Adoption and Maintenance Act, 1956 applies to:

A. A Buddhist by religion

B. A Jew by religion

C. A Christian convert to Hindu religion

D. Both (a) and (c)

Ans. (d)

2. Which of the following statement is incorrect?

A. An adopted child shall be deemed to the child of his/her parents for the purposes with effect from the date of the adoption

B. An adopted child shall not be divested of property vested in him before the adoption

C. An adopted child shall not divest any person of any estate vested in him/her before the adoption

D. Where a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the adoptive mother of the adopted child

Ans. (d)

3. The provision for the maintenance of Illegitimate children of a Hindu is contained

In:

A. Section 18 of the Hindu Adoption and Maintenance Act

B. Section 19 of the Hindu Adoption and Maintenance Act

C. Section 20 of the Hindu Adoption and Maintenance Act

D. Section 21 of the Hindu Adoption and Maintenance Act

Ans. (c)

4. Mother of a Hindu child, was declared by the Apex Court, to be the natural guardian, during the life time of his/her father, in:

A. Pannilal v. Rajinder Singh

B. Githa Hariharan v. Reserve Bank of India

C. Kumar Jahgirdar v. Ramatheertha

D. Madhegowda v. Ankegowda

Ans. (b)

5. Under which Section of the Hindu Succession Act, 1956, a female Hindu is declared to be full and absolute owner of property possessed by her?

(A) Section 6 (B) Section 9

Ans. (d)

6. The Hindu Succession Act, 1956 mentions:

A. Two types of heir of a Hindu male

B. Three types of heir of a Hindu male

C. Four types of heir of a Hindu male

D. Five types of heir of a Hindu male

Ans. (a)

7. The expression appointed day for the purpose of the Himachal Pradesh Urban Rent Control Act, 1987 is:

A. 17^th November, 1971

B. 18^th August, 1987

C. 20^th October, 1987

D. None of these

Ans. (b)

8. The term building under the Himachal Pradesh Urban Rent Control Act, 1987, does not include:

(A) A hotel (B) Godowns

Ans. (a)

9. Fair rent of a building or rented land, under the Himachal Pradesh Urban Rent Control Act, 1987, is determined by the Rent Controller:

A. Taking into consideration the rent prevailing in the locality for similar building or rented land during specified period

B. Taking into consideration the rent agreed upon between the landlord and the tenant

C. Taking into consideration the compromise arrived at between the parties to the proceedings

D. Either a or b or c with reference to the particular date time.

Ans. (d)

10. Provisions as to eviction of tenants, under the Himachal Pradesh Urban Rent Control Act, 1987, are described in:

(A) Section 12 (B) Section 13

Ans. (c)

11. A proposal as defined under Section 2(a) of the Indian Contract Act, 1872, is:

A. Communication from one person to another

B. Suggestion by one person to another

C. Willingness to do something

D. Willingness to do or abstain from doing an act in order to obtain the assent of other thereto

Ans. (d)

12. An agreement enforceable by law instance of one party and not of olhl is called:

A. A valid agreement

B. A void agreement

C. A voidable agreement

D. An illegal agreement

Ans. (c)

13. Communication of acceptance is com against the proposer:

A. When it comes to the knowledged proposer

B. When it is put in the course transmission to him so as to be out power of the acceptor

C. When it reaches the proposer

D. When the letter of acceptance is over by the acceptor, to his agent posing

Ans. (b)

14. When the consent of a party to a contract caused by coercion, the contract is:

A. Voidable at the option of the p whose consent is so caused

B. Voidable at the option of either party

C. Void

D. Illegal

Ans. (a)

15. Which Section of the Indian Contract All, 1872, deals with agreements in restraint~ legal proceedings?

(A) Section 27 (B) Section 28

Ans. (b)

16. Which one of the following does not amount to fraud?

A. Active concealment of a fact

B. A promise made without any intention of performing it

C. Suggestion as to a fact, which is not true, by one who does not believe it to be true

D. A representation made without knowing it to be false, honestly believing it to be true

Ans. (d)

17. If the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time:

A. The contract becomes void

B. The contract remains valid

C. The contract becomes voidable at the option of the promisee

D. The contract becomes unenforceable

Ans. (c)

18. Novation of a contract means:

A. The renewal of original contract

B. Alteration of the contract

C. Substitution of a new contract in place of original contract

D. Cancellation of contract

Ans. (c)

19. Claim for necessaries of life supplied to a minor under Section 68 of the Indian Contract Act, 1872

A. Can be enforced against the guardian, if any, of the minor

B. Can be enforced against the minor's property or estate, during his minority even

C. Can be enforced against the minor personally on his attaining majority

D. Cannot be enforced at all

Ans. (b)

20. Provision for the prevention of unjust enrichment of a person is contained in:

A. Section 69 of the Indian Contract Act, 1872

B. Section 70 of the Indian Contract Act, 1872

C. Section 71 of the Indian Contract Act, 1872

D. Section 72 of the Indian Contract Act, 1872

Ans. (d)

21. The law relating to tender of performance is contained in:

A. Section 37 of the Indian Contract Act, 1872

B. Section 38 of the Indian Contract Act, 1872

C. Section 36 of the Indian Contract Act, 1872

D. Section 35 of the Indian Contract Act, 1872

Ans. (b)

22. Presumption of undue influence can be raised

In cases of:

A. Contracts with pardanashin lady

B. Contract with minor

C. Relationship of parties being such that one party is in a position to dominate the will of the other

D. Unconscionable bargains

Ans. (c)

23. Which is correct of the law of limitation?

A. Limitation bars the judicial remedy

B. Limitation extinguishes the right

C. Limitation- bars the extra-judicial remedy

D. Limitation is a substantive law

Ans. (a)

24. The Limitation Act, 1963 applies to:

A. Proceedings before the courts

B. Proceedings before the quasi-judicial authority

C. Proceedings before an executive authority

D. None of these

Ans. (a)

25. Delay in filing the suit:

A. Cannot be condoned

B. Can be condoned under Section 3 of the Limitation Act, 1963

C. Can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908

D. Can be condoned under Section 5 of the Limitation Act, 1963

Ans. (c)

26. The provisions of Section 3 of the Limitation Act, 1963 are:

(A) Mandatory (B) Directory

Ans. (a)

27. Section 6 of the Limitation Act, 1963 can be availed by:

A. The plaintiff(s)

B. The defendant(s)

C. Both (a) and (b)

D. None of these

Ans. (a)

28. The fraud contemplated by Section 17 of the Limitation Act, 1963, is that of:

A. The plaintiff

B. The defendant

C. A third person

D. Both (a) and (c)

Ans. (b)

29. Period during which proceedings stand stayed by an injunction or order is excluded:

A. Under Section 14 of the Limitation Act, 1963

B. Under Section 15 of the Limitation Act, 1963

C. Under Section 16 of the Limitation Act, 1963

D. Under Section 13 of the Limitation Act, '1963

Ans. (b)

30. Under Section 25 of the Limitation Act, 1963, the easement rights over the property belonging to the Government are acquired by continuous and uninterrupted user:

(A) For 12 years (B) For 20 years

Ans. (c)

31. A suit for possession of immovable property based on title can be filed within:

(A) Six month (B) One year

Ans. (d)

32. Acknowledgement after the period of limitation:

A. Is of no effect

B. Gives rise to an independent and enforceable contract

C. Neither (a) nor (b)

D. Both (a) and (b)

Ans. (b)

33. Under Section 19 of the Limitation Act, 1963, the pad payment extends the period of limitation:

A. From the date of expiry of initial period of limitation

B. From the date of the waiting evidencing payment

C. From the date of extended period of limitation

D. From the date of payment

Ans. (d)

34. Period of limitation for execution of a decree is:

(A) 3 years (B) 12 years

Ans. (b)

35. The period of limitation for a review of the judgment is:

(A) 60 days (B) 90 days

Ans. (c)

36. A contract can be discharged:

A. By performance of the contract

B. By frustration of the contract

C. Both (a) and (b)

D. Neither (a) nor (b)

Ans. (c)

37. In case of joint promise, generally the performance must be by:

A. All the promisors jointly,

B. Anyone of them individually

C. Individual promisor with the consent of the promisee

D. None of the above

Ans. (a)

38. Section 74 of the Indian Contract Act, applies:

A. To cases where an amount r under the contract is sought forfeited

B. To cases where the aggrieved seeking to recover a fixed amount breach of contract

C. To cases where in consequence of no legal injury at all has resulted

D. Both (a) and (b)

Ans. (b)

39. The nature of a wagering agreement explained in:

A. Mohori Bibee v. Dharmodas Ghose

B. Derry v. Peek

C. Carlill v. Carbolic Smoke Ball Co.

D. None of these

Ans. (d)

40. Under Section 3 of the Transfer of Pro Act, 1882, immovable property Includes:

A. Standing timber

B. Growing crops

C. Grass

D. None of these

Ans. (d)

41. The Transfer of Property Act, 1882 has no application in case a:

A. Transfer by operation of law

B. Transfer among living persons

C. Transfer between living person and a company

D. Transfer between near relatives

Ans. (a)

42. Rule against perpetuity is described In:

A. Section 13 of the TPA

B. Section 14 of the TPA

C. Section 21 of the TPA

D. Section 22 of the TPA

Ans. (b)

43. A transfer of immovable property made without consideration with Intent to defraud a subsequent transferee is:

A. Void under Section 53 of the TPA

B. Illegal under Section 3 of the TPA

C. Voidable at the option of subsequent transferee

D. Unenforceable

Ans. (a)

44. Transfer of tangible immovable property of the value of Rs. 100/- can be made:

A. Only be a registered instrument

B. By an unregistered instrument

C. By delivery of property

D. By placing the buyer in possession of the property

Ans. (a)

45. In case of usufructuary mortgage, the mortgagee:

A. Is delivered the possession of the mortgaged property but not authorised to appropriate the rents and profits accruing from the property

B. Is authorized to appropriate the rents and profits accruing from the property, but not delivered the possession of the property

C. Is delivered the possession and is authorized to appropriate the rents and profits accruing from the property

D. Is not delivered the possession of the mortgaged property but has the right to sell that property to recover the money he advanced

Ans. (c)

46. Rule relating to marshalling securities is described In the Transfer of Property Act, 12, under:

(A) Section 80 (B) Section 81

Ans. (b)

47. A 'lets a house to 'B' for five years. 'B' under- the house to 'c' at a monthly rent of Rs. 100/- The five years expire, but 'C' continues possession of the house and pays the rent A. What are the rights of 'C'?

A. 'C's lease is said to be renewed from month to month

B. 'C's lease terminates on the expiry of the lease period of five years

C. C’s lease would be illegal

D. None of these

Ans. (a)

48. Which of the following conditions is exempted, if the custom governing each of the parties to a Hindu marriage, so permits:

A. Neither party has a spouse living at the time of the marriage

B. Neither party is incapable of giving a valid consent to the marriage

C. The bridegroom has completed the age of 21 years

D. The parties are not sapindas of each other

Ans. (d)

49. In a proceedings, on a petition for dissolution of marriage, under the Hindu Marriage Act, 1955, the court cannot pass instead a decree for judicial separation, if the ground for sekking divorce

A. Had voluntary sexual intercourse with any person other than his/her spouse

B. Has ceased to be Hindu by conversion to another religion.

C. Has been suffering from incurable leprosy

D. Has been incurably of unsound mind

Ans. (b)

50. Sections 9 of the Hindu Marriage Act, 1955 was upheld as not violative of Article 21 of the upheld as not violative of Article 21 of the Constitution of India in:

A. T. Sareetha v. Venkata Subbaiah

B. Smt. Harvinder Kaur v. Harmander Singh

C. Saroj Rani v. Sudarshan Kumar

D. Both b and c

Ans. (d)

Criminal Law

1. The power to try any forest offence punishable with imprisonment for a term not exceeding six months, is vested with:

A. The District Magistrate

B. Any Magistrate of the first class

C. Any Magistrate of the second class

D. Any Magistrate of the third class

Ans. (b)

2. Any person contravening any rule under the Indian Forest Act, 1927, for the contravention of which, no special penalty is provided, shall be punishable with:

A. Imprisonment for term which may extend to one month or fine which may extend to five hundred rupees, or both

B. Imprisonment for a term which may extent to six months or with fine which may extend to five hundred rupees, or both

C. Imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or both

D. Imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees, or both

Ans. (a)

3. The Wild life (Protection) Act, 1972 was passed by the Union Parliament:

A. In the exercise of its power conferred by Article 246 of the Constitution of India

B. On receiving a resolution passed by the Counsil of States under Article 249 of the Constitution of India.

C. On receiving resolutions passed by the States under Article 252 of the Constitution of India.

D. During the continuance of a Proclamation made by the President under Article 352 of the Constitution of India.

Ans. (b)

4. The control of sanctuaries, under the Wild Life (Protection) Act, 1972, is vested with:

A. The State Government

B. The State Minister of Forests and Wild Life

C. The Conservator of Forests

D. The Chief Wild Life Warden

Ans. (d)

5. After the commencement of the Wild Life (Protection) Amendment Act, 2002, a zoo shall not be established without obtaining the prior approval of:

A. The Central Government

B. The State Government

C. The Central Zoo Authority

D. The Conservation Reserve Management Committee.

Ans. (c)

6. The offence of dishonor of cheques, for insufficiency, etc., of funds, in the account of the drawer, is punishable with:

A. Imprisonment for a term which may extend to one year or with fine which may extend to the amount of the cheques, or with both

B. Imprisonment for a term which may extend to two year or with fine which may extend to the amount of the Cheque, or with both

C. Imprisonment for a term which may extend to six months or with fine which may extend five hundred rupees, or with both.

D. Imprisonment for a term which may extend to five year or with fine which may extend to five year or with fine which may extend to five thousand rupees, or with both

Ans. (b)

7. A cheques can be presented, within a period of six months from the date on which it is drawn.

A. Only once

B. Two times only

C. Four times only

D. Any number of times

Ans. (d)

8. If the person committing an offence under Section 138 of the Negotiable instruments Act, 1881, is a company, the following shall be deemed to be guilty of the offence:

A. A person who, at the time the offence was committed, was in charge of, and was responsible for the conduct of the business of the company and not the company

B. The company, in its name

C. A Director of the Company nominated by the Central Government

D. A person, in charge of and responsible for the conduct of the business of the company, as well as the company.

Ans. (d)

9. A complaint, against the drawer of a cheques, dishonoured for insufficiency, etc. of funds, must be made:

A. Within one month of the date on which the cause of action arises under clause c of the proviso to Section 138 of the Negotiable Insturments Act, 1881

B. Within thirty days of the receipt of information from the bank regarding the return of the cheques as unpaid

C. Within fifteen days of the expiration of notice sent to the drawer of such cheques by the payee, demanding payment of the amount

D. Within six months from the date on which the Cheque is drawn

Ans. (a)

10. Plea Bargaining, a new chapter, added in the Criminal Procedure Code, 1973, by the Criminal Law Amendment Act, 2005, is contained in:

A. Sections 265A to 265E

B. Sections 265 A to 265 L

C. Sections 265A to 265M

D. Sections 265A to 265N

Ans. (b)

11. The criminal liability arises in:

A. Voluntary acts only

B. Involunatary acts only

C. Internal acts only

D. External acts only

Ans. (a)

12. “Ignorantia facit excusat” maxim means:

A. Mistake of law is excused

B. Ignorance of facts is an excuse

C. Ignorance of law in not an excuse

D. None of these

Ans. (b)

13. The maxim “Non Compos mentis” means:

A. Child of ten years

B. Not co-operative

C. Not of sound mind

D. None of these

Ans. (c)

14. How many types of punishments have been prescribed under the Indian Penal Code, 1860?

(A) Three (B) Four

Ans. (c)

15. A not knowing, whether it is loaded or not, pulls the trigger of a gun pointing at B, B is shot dead, A can

A. Claim the protection of Section 80 of IPC

B. Not claim the protection of Section 80 of IPC

C. Claim the protection of Section 181 of IPC

D. Not claim the protection of Section 81 of IPC

Ans. (d)

16. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play. A while playing fairly, hurts Z and as a results Z dies. A is liable:

A. For causing hurt to Z

B. For murder to Z by negligence

C. For no offence

D. For culpable homicide not amounting to murder

Ans. (c)

17. 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 liable:

A. For no offence

B. For abetment and punishment under Section 299 of IPC

C. To be punished with the punishment for murder

D. Under Section 336 of IPC

Ans. (b)

18. To constitute a criminal conspiracy, there must be an agreement between:

A. At least two persons

B. At least five persons

C. At least seven persons

D. At least three persons

Ans. (a)

19. Which of the following is not an offence against the State, under the Indian Penal Code, 1860?

A. Spreading infection of disease dangerous to life

B. Waging war against the Government of India

C. Sedition

D. Assaulting Governor of a State with intent to compel to exercise of any lawful power.

Ans. (a)

20. For an assembly to be unlawful, must have a common object of the kind specified in:

A. Section 140 of IPC

B. Section 141 of IPC

C. Section 142 of IPC

D. Section 144 of IPC

Ans. (b)

21. Rioting means use of force or violence by an assembly of five or more persons, or by a member thereof, in prosecution of the common object of such assembly, as per:

A. Section 141 of IPC

B. Section 142 of IPC

C. Section 146 of IPC

D. Section 148 of IPC

Ans. (c)

22. A being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in:

A. Section 161 of IPC

B. Section 166 of IPC

C. Section 167 of IPC

D. Section 165 of IPC

Ans. (b)

23. A refuse to answer a question which is relevant to the subject concerning which the public servant is authorized to inquire. A is liable to be punished:

A. Under Section 179 of IPC

B. Under Section 180 of IPC

C. Under Section 181 of IPC

D. Under Section 173 of IPC

Ans. (a)

24. A puts jewels into a box belonging to Z with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has committed the offence

A. of giving false evidence

B. of fabricating false evidence

C. of theft

D. of causing disappearance of evidence

Ans. (b)

25. Whoever imports into India, or exports therefrom, any counterfeit coin which he knows to be a counterfeit of Indian coin, is punishable with:

A. Imprisonment for life and shall also be liable to fine under Section 238 of IPC

B. Imprisonment for a term which may extend to three years under Section 237 of IPC

C. Imprisonment for a term which may extend to five years and shall also be liable to fine under Section 239 of IPC

D. Fine only

Ans. (a)

26. Grave and sudden provocation in case of commission of offence of murder is a :

A. Question of law

B. Presumption under the law

C. Question of fact

D. Mixed question of fact and law

Ans. (c)

27. Section 303 of the Indian Penal Code, 1860, was declared unconstitutional by the Supreme Court in:

A. Mithu v. State of Punjab, AIR 1983 SC 473

B. Bachan Singh v. State of Punjab, AIR 1980 SC 898

C. Machhi Singh v. State of Punjab, AIR 1983 SC 957

D. Maneka Gandhi v. Union of India, AIR 1978 SC 597

Ans. (a)

28. A with the intention of killing B gave him poisoned halwa to eat. A ate a little and threw away the rest, which a child picked up and ate it. The child died of poisoning. A is:

A. Guilty of homicide

B. Guilty of no offence

C. Guilty of murder of the child

D. Guilty of culpable homicide

Ans. (c)

29. Section 304-B of the Indian Penal Code, 1860, describes the offence of:

A. Causing death by negligence

B. Causing death with consent

C. Causing miscarriage without woman’s consent

D. Dowry death

Ans. (d)

30. The offence of grievous hurt has been defined in:

A. Section 320 of IPC

B. Section 321 of IPC

C. Section 322 of IPC

D. Section 336 of IPC

Ans. (a)

31. A causes, Z to go within a walled space and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A has committed the offence described in:

A. Section 339 of IPC

B. Section 340 of IPC

C. Section 341 of IPC

D. Section 342 of IPC

Ans. (b)

32. The act of use of force by one person to another, has been described in:

A. Section 349 of IPC

B. Section 350 of IPC

C. Section 351 of IPC

D. Section 362 of IPC

Ans. (a)

33. Section 354 of the Indian Penal Code, 1860 describes the offence of:

A. Using criminal force to any woman, intending to outrage her modesty.

B. Using criminal force in attempting to commit theft

C. Kidnapping from lawful guardianship

D. Kidnapping from India.

Ans. (a)

34. A obtains property from Z by saying. Your child is in the hands of may gang and will be put to death unless you send us ten lakhs rupees. A has committed the offence of:

(A) Robbery (B) Theft

Ans. (c)

35. The offence of criminal breach of trust is described in:

A. Section 405 of IPC

B. Section 406 of IPC

C. Section 378 of IPC

D. Section 379 of IPC

Ans. (a)

36. The Code of Criminal Procedure, 1973 extends to:

A. The whole of India

B. The whole of India except the State of Jammu& Kashmir

C. The whole of India except the Union Territory of Pondicherry

D. The Whole of India except the State of Sikkim

Ans. (b)

37. The classification of offences into bailable and non-bailable has been given in the Code of Criminal Procedure, 1973, under:

A. The 1^st Schedule

B. The 2^nd Schedule

C. Section 320

D. Section 482

Ans. (a)

38. In a non cognizable case, the police has the authority:

A. To investigate and even arrest the accused without warrant

B. To investigate into the offence but cannot arrest the accused without warrant

C. Neither to investigate without order of the Magistrate nor can arrest the accused without warrant

D. To arrest the accused without warrant but cannot investigate orders of the Magistrate.

Ans. (c)

39. Offences other than those mentioned in Section 320 of the Code of Criminal Procedure, 1973, are:

A. Compoundable with the permission of the court

B. Compoundable by the Court of Sessions

C. Compoundable by the High Court

D. Not compoundable

Ans. (d)

40. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of the arrest, under:

A. Section 56 of Cr. P.C.

B. Section 57 of Cr. P.C

C. Section 58 of Cr. P.C.

D. Section 59 of Cr. P.C.

Ans. (b)

41. Who amongst the following is not competent under Section 92 of Cr. P.C. to order the postal or telegraph authorities to deliver the documents/thing?

A. Judicial Magistrate

B. District Magistrate

C. Metropolitan Magistrate

D. None of these

Ans. (a)

42. A declaration of forfeiture under Section 95 of Cr. P.C. can be set aside by:

A. Magistrate issuing the search warrant

B. Chief Judicial Magistrate

C. Court of Sessions

D. High Court

Ans. (d)

43. Under Section 125 of Cr. P.C a Magistrate has:

A. The power to grant interim maintenance and the expenses of the proceedings

B. No power to grant interim maintenance nor the expenses of the proceedings

C. Power to grant interim maintenance but no power to grant expenses of the proceedings.

D. No power to grant interim maintenance but has the power to grant expenses of the proceedings.

Ans. (a)

44. In case of merger of the complaint with the Police report, the procedure to be followed for the trial shall be:

A. The procedure of the complaint case

B. The procedure of the case instituted on the Police report

C. The procedure of both as per convenience during the trial

D. The procedure as directed by the Magistrate

Ans. (b)

45. Jurisdiction to grant bail under Section 438 of the Cr. P.C. vests with:

A. The Court of Magistrate

B. The Court of Sessions only

C. The High Court only

D. The Court of Sessions and the High Court and not in the Court of Magistrate

Ans. (d)

46. Under Section 468 of the Cr. P.C. the period of limitation for an offence punishable with a term not exceeding one year is:

(A) Six months (B) One year

Ans. (b)

47. Under Section 308 of Cr. P.C. an accomplice, who does not comply with the conditions of pardon, may be prosecuted and tried separately for the offence of giving false evidence, but with the sanction of the :

A. Chief Justice of the High Court

B. High Court

C. Sessions Court

D. State Government

Ans. (b)

48. The term vehicle for the puropose of the Indian Forest Act, 1927, does not include:

A. A court

B. A trolly

C. A trailor

D. A bicycle

Ans. (d)

49. Section 35 of the Indian Forest Act, 1927, does not empower, the State Government to regulate or prohibit, in any forest or wasteland:

A. The breaking up or clearing of land for cultivation

B. The pasturing of cattle

C. The firing or clearing of the vegetation

D. The entry of non state subjects

Ans. (d)

50. In Himachal Pradesh, the State Government may prerscribe, as penalties, for the contravention of rules, regulating transit of forest produce:

A. Imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both

B. Imprisonment for a term which may extend to two years, or fine which may extend to two years, or fine which may extend to five thousand rupees, or both

C. Imprisonment for a term which may extend to one year or fine which may extend to two thousand rupees, or both

D. Imprisonment for a term which may extend to two years or with minimum fine of one thousand rupees, or both

Ans. (a)

Courtesy:- Legal Point Foundation

Legal Point

03 March, 2016

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

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