Legal Point: Solved Question Paper of Uttarakhand Civil Judge Examination, 2002 (Preliminary Examination)

Uttarakhand Civil Judge Examination, 2002

Part-I

General Knowledge

1. The theory of baste structure of the constitution was propounded in-

A. Indira Gandhi V /s Raj Narain

B. I.C. Golakhnath V /s State of Punjab

C. Kesavanand Bharati V / s State of Kerala

D. Maneka Gandhi V /s Union of India

Ans. (c)

2. The president of India is elected by-

A. All members of Lok Sabha and Rajya Sabha.

B. Elected members of Lok Sabha and Rajya Sabha.

C. Elected members of the State Legislative Assemblies including National Capital

Terrotory of Delhi and Union Terotory of Pondicherry.

D. All members of State Legislative Assemblies.

Selected the correct answer using the code given below-

Code:

A. l and 4

B. 2 and 3

C. 2 and 4

D. 1 and 3

Ans. (b)

3. Which of the following combination is correctly matched?

A. Advisory jurisdiction of the Supreme Court. Art. 136

B. Special leave of appeal by the Supreme Court. Art. 133

C. Right to enforce Funda-mental Rights only Art. 32

D. Ordiance making power of the Governor. Art. 123

Selected the correct answer using the code given below-

Code:

(A) 1

(B) 3

(D) 4

Ans. (c)

4. Cauvery river water sharing dispute concerns the State of-

(A) Tamil Nadu and Karnataka

(B) Tamil Nadu, Karnataka, Kerala

(D) Tamil Nadu, Karnataka, Kerala and Pondicherry

Ans. (d)

5. Rwanda International Criminal Tribunal has been established as per-

(A) A Resolution of the General Assembly

(B) Direction of the Secretary General

(D) A Resolution of Security Council

Ans. (d)

6. “A State is and becomes an international person by recognition only" is claimed by-

(A) Declaratory theory

(B) Constitutive theory

(D) Napoleon

Ans. (b)

7. The International Criminal court is to be located at-

(A) Rome (B) New York

Ans. (c)

8. Which one of the following is NOT the function of the Economic and Social Council?

(A) Promotion of economic and social development

(B) Promotion of better standards of human welfare

(D) Observance of human rights and fundamental freedoms.

Ans. (d)

9. Jus Cogens denotes-

(A) Superiority of States

(B) Dominance of U.S.A. over other States

(D) Superiority of United Nations

Ans. (c)

10. With a view to give effect to an International Agreement, Parliament enacts a law on a subject enumerated in State list without consulting the affected States. The law-

(A) Is invalid as it encroaches upon exclusive powers of State Legislatures

(B) Shall become invalid only to the extent of conflict with State law which the State may make in future

(C) Is fully valid as Parliament is empowered to make such a law in order to give effect to an International Agreement; even though it encroaches upon State's exclusive power of legislation.

(D) Is null and void

Ans. (c)

11. "Succession of Government" means change of-

(A) External sovereignty

(B) Internal sovereignty through constitutional or revolutionary processes

(D) The administrative system

Ans. (b)

12. "Dualism" denotes that International law and State law-

(A) Represent two entirely distinct legal systems

(B) Are concomitant aspects of the one system-law in general

(D) Are not binding

Ans. (a)

13. Inspite of the fact that Veto is inconsistent with the principle of sovereign equality of all members, Veto is vested with permanent members of U.N. for-

(A) Striking a balance between super powers

(B) Maintaining international peace and security

(D) Obstructing the power of non- permanent members of the Security Council

Ans. (b)

14. Article 21 of the Constitution of India incorporates the right to "Doctor's assistance". In which of the following cases, this was decided?

(A) Charles Sobhraj V /s Supdt. of Central Jail

(B) Hoskot V /s State of Maharashtra

(D) Parmanand Katara V / s Union of India

Ans. (d)

15. In which of the following cases the doctrine of "prospective over-ruling" was applied?

(A) Shankari Prasad V /s Union of India

(B) Sajjan Singh V /s State of Rajasthan

(D) Kesavanand Bharati V / s State of Keral

Ans. (c)

16. Which one of the following Articles of the Constitution of India gives power to the Election Commission of India to "super intendence, direction and control" of elections?

(A) Article 324 (B) Article 325

Ans. (a)

17. Advertisement is a "Commercial Speech" was laid down in-

(A) Humdard Dawakhana V /s Union of India

(B) Express Newpapers (P) Ltd. V /s Union of India

(D) Tata Press Ltd. V /s Mahanagar Telephone Nigam ltd.

Ans. (d)

18. The Universal Declaration of Human Rights 1948 was adopted by-

(A) The Security Council

(B) the General Assembly

(D) Economic and Social Council on the recommendation of the Security Council

Ans. (b)

19. The tenure of the Judges of International Court of Justice is-

(A) Three years

(B) Five years

(D) Nine years

Ans. (d)

20. The National Human Rights Commission was established in India on-

(A) 27^th September, 1993

(B) 18^th December, 1993

(D) 2^nd October, 1993

Ans. (a)

21. Which one of the following organisation is directly related to the Child Welfare?

(A) UNESCO (B) ILO

Ans. (c)

22. Who is said to be "The Father of Modern International Law"?

(A) Gentilis

(B) Grotius

(D) Thomas Rutherforth

Ans. (b)

23. Who said that "International Law is the vanishing point of Jurisprudence"?

(A) Austin (B) Salmond

Ans. (c)

24. Who amongst the following was member of the International Court of Justice?

(A) Justice J.S. Verma

(B) Dr. Nagendra Singh

(D) Justice Dr. A.S. Anand

Ans. (b)

25. The first Secretary General of the United nations was-

(A) Dag Hammarskjold

(B) Kurt Waldheim

(D) Trigve Lie

Ans. (d)

26. The United Nations Day is celebrated every year on-

(A) 26^th January (B) 24^th October

Ans. (b)

27. The Universal Declaration of Human Rights was adopted by the U.N. General Assembly on-

(A) 10^th December, 1945

(B) 10^th December, 1946

(D) 26^th October, 1945

Ans. (c)

28. In India 'Law Day' is celebrated every year of- ,

(A) 5^th April (B) 5^th July

Ans. (c)

29. Which one of the following is a third generation Human Right?

(A) Right to work

(B) Right to education

(D) Right to development

Ans. (d)

30. The International Court of Justice consists of-

(A) The President, the- Vice-President and 13 other members

(B) The President, Vice-President and 14 other members

(D) The President and 15 other members

Ans. (a)

31. Which one is a neutralised State?

(A) Austria (B) Australia

Ans. (a)

32. In the appointment of a Supreme Court Judge, primacy is given to the opinion of-

(A) The Chief Justice of India

(B) Union Law Minister

(D) the Prime Minister

Ans. (a)

33. The quorum of the International Court of Justice is-

(A) 15 Judges (B) 8 Judges

Ans. (c)

34. The writ of mandamus is issued to enforce-

(A) Arbitrary actions

(B) Mandatory duties

(D) None of the above

Ans. (b)

35. Assertion (A): Article 21 expressly incorporates the concept of due process of law.

Reason (R) Due process of law is an attribute of liberty

Choose the correct answer using the code given below-

Code:

(A) Both (A) and (R) are true and (R) is the correct explanation of (A)

(B) Both (A) and (R) ae ture but (R) is not the correct explanation of (A)

(A) is true but (R) is false

(A) is false but (R) is ture

Ans. (a)

36. Indicate the sequence in which the following were established-

(A) International Labour Organisation

(B) International War Crimes Tribunal for Former Yuzoslavia

(D) International Court of Justice

Selected the correct answer using the code given below-'

Code:

(A) I, 2,4 and 3 (B) I, 3, 4 and 2

Ans. (b)

37. 'Core Crimes' listed in the Statute of the International Criminal Court are-

(A) 20 (B) 10

Ans. (c)

38. The Council of Ministers is collectively responsible to-

(A) The Parliament

(B) The Lok Sabha

(D) The Prime Minister

Ans. (b)

39. The questions of disqualification of the Speaker of Lok Sabha on the ground of defection is determined by-

(A) The Deputy Speaker

(B) The Chairman of Rajya Sabha

(D) The President of India

Ans. (c)

40. Who among the following has primary responsibility for the maintenance of international peace and security?

(A) The Secretary General

(B) The Security Council

(D) The International Court of Justice

Ans. (b)

41. 'CHOGM 2000' with 51 members Conference was held at-

(A) Kualalampur (B) Copenhegan

Ans. (a)

42. The rules of neutrality were codified in-

(A) 1856 and 1899

(B) 1868 and 1900

(D) 1899 and 1930

Ans. (c)

43. Assertion (A) In principle the members of the United nations cannot remain neutral.

Reason ®: A permanent member of the Security Council who abstains from voting can remain neutral

Choose the correct answer by using the code given below-

Code:

(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) (A) is true but (R) is false

(D) is false but (R) is true

Ans. (a)

44. Match List-I and List-II and select the correct answer using the code given below the lists-

List-I

(Even)

First Earth Summit

Protection and Improvement of Human Environment

Second Earth Summit

Kyoto Protocol

List-II

(Year)

1. 1972 2. 1992

3. 1997 4. 2002

Code:

(a) (b) (c) (d)

(A) 1 2 3 3

(B) 2 1 4 3

(D) 2 3 1 4

Ans. (b)

45. On assuming office, President Dr. A.P.J. Abdul Kalam returned the very first Ordinance without his signature. It was related to-

(A) Dissolution of Gujarat Legislative Assembly

(B) Imposition of President's rule in Jammu and Kashmir

(D) Disinvestment of Life Insurance Corporation of India

Ans. (c)

46. Most of the rights of the Universal Declaration of Human Rights are incorporated in-

(A) Part-III and Part-IV of our Constitution

(B) Part-I and Part-V of our Constitution

(D) Articles 308-311 of our Constitution

Ans. (a)

47. Match List-I and select the correct answer using the list given below-

List-I

(Case)

(A) S. R. Bommai V I s Union of India

(B) P. V. Narsimha Rao V /s State

(D) Lily Thomas V /s Union of India

List-II

(Article of Ind. Const. Involved)

1. Art. 21 2. Art. 356

3. Art. 105 4. Art. 44

Code:

a b c d

(A) 1 2 3 4

(B) 1 3 2 4

Ans. (d)

48. The Supreme Court has tracted the right to privacy in-

(A) Article 21

(B) Article 19

(D) Article 22

Ans. (a)

49. The Judges of the International Court of Justice are-

(A) Elected by the General Assembly and the Security Council

(B) Nominated by the International Law Commission

(D) Appointed by the Security Council

Ans. (a)

50. The Information Technology Act, 2000 has been enacted by our Parliament-

(A) On the basis of a Resolution of U.N. General Assembly

(B) On the advice of the President of India

(D) On request from the State of Karnataka

Ans. (a)

Part-II

Law

51. A muslim goes to any country of the world-

A. With his personal law

B. Without his personal law

C. Leaving his personal law in his country

D. With an object of obeying the laws of the country concern which includes personal law

Ans. (d)

52. Where a muslim male and a muslim female contract their marriage under the Special Marriage Act. 1954, muslim personal law-

A. Applies to such marriage

B. Does not apply

C. Applies with some modifications

D. Applies with the Indian Contract Act.

Ans. (b)

53. Under the Shia Law, if the husband has capacity to speak but announces Talak in writing the Talak is-

A. Valid

B. Voidable

C. Void

D. Valid barring certai circumstances

Ans. (c)

54. Under the Muslim Law, marriage is regarded as a-

A. Sacrament

B. Contract

C. Social need

D. Tradition

Ans. (b)

55. The essential condition of a Gift under Muslim Law is-

A. Declaration of the gift by the donor

B. Acceptance of the gift by the donee

C. Delivery of possession of subject matter of the gift

D. All the above

Ans. (d)

56. Wakf can be made by-

A. A Muslim only

B. A Hindu only

C. Both Hindu and Muslim

D. Neither by Hindu nor by Muslim

Ans. (a)

57. Hanooman Prasad V/s Musammat bibi is a case on-

A. Powers of a Karta of the Hindu joint family

B. Avayavaharik debt

C. Power of adoption of a widow

D. None of the above

Ans. (a)

58. Which section of the Hindu Marriage Act, 1955 provides for conditions of marriage.

(A) Section 5 (B) Section 9

Ans. (a)

59. In which section of the Hindu Succession Act, 1956 general rule of succession in the case of female Hindus is provided?

(A) Section 15 (B) Section 14

Ans. (a)

60. The Hindu Marriage Act, 1955 came into force on-

A. 1^st January, 1955

B. 1^st May, 1955

C. 26^th January, 1955

D. 18^th May, 1955

Ans. (d)

61. Dastane V/s Dastane is a case on-

A. Adoption

B. Divorce

C. Marriage

D. Maintenance.

Ans. (b)

62. Which one of the following is a correct statement?

A. Divorce by mutual consent has been provided under the Hindu Marriage Act, from its inception.

B. Divorce by mutul consent was introduced by Hindu marriage (Amendment) Act, 1976

C. Divorce by mutual consent has been provided under See. 13-A of the Hindu Marriage Act

D. A petition for divorce by mutual consent must be presented within one year of marriage

Ans. (b)

63. Match List-I and List-II and select the correct answer using the code given below the Iists-

List-I

A. Marriage between parties within degrees of prohibited relationship

B. Impotency

C. marriage between two sapindas of each other

D. Pregnancy of wife at the time of marriage by some person other than the petitioner

List-II

1. Viodable 2. Void

3. Voidable 4. Void

Code:

a b c d

(A) 2 1 4 3

(B) 2 1 3 4

(D) 2 4 1 3

Ans. (a)

64. Assertion: A bigamous marriage is void under Hindu Law. A child born out of void marriage is legitimate child of his parents.

Reason ®: A child born out of void marriage is legitimate child of his parents.

Choose the correct answer by using the code given below-

Code:

Both (A) and (R) true and (R) is the correct explanation of (A)

Both (A) and (R) are true but (R) is not the correct explanation of (A)

(A) is true but (R) is false

(A) is false but (R) is true

Ans. (a)

65. Assertion (A): Extra judicial confession, if voluntary, can be relied upon with other evidence.

Reason (R): Extra judicial confession is a weak piece of evidence.

Code:

(A) Both (A) and (R) are ture and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true but (R) is not the correct explanation of (A)

(D) (A) is false but (R) is true

Ans. (a)

66. Which one of the following sections of the Evidence Act defines admission?

(A) Section 16 (B) Section 17

Ans. (b)

67. Which of the following does not find a mention as showing state of mind under Sec. 14 of the Evidence Act?

(A) Intention (B) Knowledge

Ans. (c)

68. Which one of the following is not essential condition for admissibility of dying declaration?

(A) Death of the person making dying declaration

(B) Statement must be as to the cause of his death

(D) Statement is as to any of the circumstances of the transaction which resulted into his death.

Ans. (c)

69. Under which of the following provisions of the Evidence Act the word “forming part of the same transaction” occurs?

(A) Under Sec. 5 (B) Under Sec. 6

Ans. (b)

70. “A’ s” death is caused due to negligent driving of ‘B’, In the word “Forming part of the same transaction” occurs?

(A) The fact that ‘A’ was a young man of 30 years

(B) The fact that ‘A’ was a young man with good physique

(D) The fact that ‘B’ was in the habit of driving negligently

Ans. (d)

71. The provision relating to estoppel is contained in the Evidence Act in-

(A) Section 115 (B) Section 117

Ans. (a)

72. Presumption as to abetment to commit suicide by a married woman has been given-

(A) Under Sec. 114 of the Evidence Act

(B) Under Sec. 113-A of the Evidence Act

(D) Under Sec. 112 of the Evidence Act

Ans. (b)

73. Which one of the following is not a public document?

(A) An unregistered family settlement

(B) A registered sale deed

(D) Judgement of a Civil Judge

Ans. (a)

74. Which Section of Indian Evidence Act is based on the maxim “ SALUS POPULIEST SUPREMA LEX” ?

(A) Section 119 (B) Section 120

Ans. (d)

75. A fact neither proved nor disproved is known as-

(A) Proved (B) Disproved

Ans. (c)

76. The case, Pakala Narain Swamy V/s Emperor relates to-

(A) Doctrine of estoppel

(B) Dying declaration

(D) Cross-examination

Ans. (b)

77. Match List-I and List II and select the correct answer using the code given below the list-

List-I

(Relevancy of facts)

(A) Facts as effect of facts in issue

(B) Facts forming part of same transaction

(D) Facts necessary to explain or introduce relevant facts

List-II

(Section of Evidence Acts)

1. Sec. 9 2. Sec. 8

3. Sec. 7 4. Sec. 6

Code:

a b c d

(A) 1 2 3 4

(B) 4 3 2 1

(D) 2 3 1 4

Ans. (c)

78. Which one of the following provisions of the Evidence Act provides that previous bad character of an accused is not relevant?

(A) Section 54 (B) Section 52

Ans. (a)

79. Which of the following section of the Evidence Act says that confession caused by inducement, threat or promise is irrelevant?

(A) Section 25 (B) Section 26

Ans. (d)

80. In which of the following cases it was held that Sec. 27 of the Evidence Act is an exception to Section 24, 25 and 26?

(A) Pakala Narain Swamy V /s Kind Emperor

(B) Inayatullah V / s State of Maharashtra

(D) Kotayya V /s King Emperor

Ans. (d)

81. A witness who is unable to speak, gives his evidence in writing in the open court, evidence so given shall be deemed to be-

(A) Oral evidence

(B) Documentary evidence

(D) Secondary evidence

Ans. (a)

82. Any question suggesting the answer which the person putting it wishes or expects to receive is called-

(A) Indecent question

(B) Scandalours question

(D) Leading question

Ans. (d)

83. Leading question-

(A) may be asked in examination-in-chief

(B) May be asked in cross-examination

(D) Cannot be asked in any circumstances

Ans. (b)

84. Which one of the following statements is correct?

(A) Admissions can be oral only

(B) Admission can be documentary only

(D) Admissions are conclusive proof of the matters admitted

Ans. (c)

85. The facts, though not in issue, are so connected with fact in issue, as to form part of a same transaction are-

(A) Relevant under the rule of Res Gestae, Section 6

(B) Not relevant

(D) Primary evidence

Ans. (a)

86. Admissions and confessions are-

(A) Exception to the hearsay evidence

(B) Part of hearsay evidence

(D) Admitted in evidence on proof

Select the correct answer by using the code given below

Code:

(A) 1,2 and 4 (B) 1, 3 and 4

Ans. (b)

87. Under which section of Cr. P.C. Sessions Court exercises power of appeal from convictions?

(A) Sections 372 (B) Sections 397

Ans. (c)

88. Under which section of Cr.P.C. an order from attachment of property of person absconding may be passed at any time after the issue of the proclamation?

(A) Section 83 (B) Section 82

Ans. (a)

89. Which section of Cr.P.C. provides for confirmation by the High Court of an order of death sentence passed by Sessions Court prior to its execution?

(A) Section 368 (B) Section 366

Ans. (b)

90. When the Sessions Judge or the High Court calls for to examine the record of any proceeding before any inferior criminal court, it is known as-

(A) Reference (B) Review

Ans. (c)

91. Which one of the following orders can be passed after the trial of a case is over?

(A) Only an order of acquittal

(B) Only an order of conviction

(D) Either an order of acquittal or conviction

Ans. (d)

92. First Information Report-

(A) Relates to cognizable or non-cognizable offence

(B) Is given to a Magistrate or Police Officer

(D) May be given to the District Magistrate

Ans. (c)

93. Under Which Section of the Cr.P.C. anticipatory bail may be granted to a person apprehending his arrest?

(A) Section 438

(B) Section 439

(D) Section 437

Ans. (a)

94. Under the Constitution of India, all aspects of family law are in the-

(A) Union list

(B) State list

(D) None of these

Ans. (c)

95. Assertion (A): The purpose of criminal law is to prevent crimes.

Reason (R): In certain situations even a private person can arrest another person.

Code:

(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)

(A) is true but (R) is false

(A) is false but (R) is true

Ans. (b)

96. An offence punishable with imprisonment for a term exceeding two years relates to

(A) Summon case

(B) Warrant case

(D) None of these

Ans. (b)

97. Under which section of Cr.P.C. a Police Officer can arrest a person without an order from a Magistate and without warrant?

(A) Section 42 (B) Section 40

Ans. (d)

98. Under which section of Cr.P.C. a person who is avoiding execution of a warrant may be proclaimed absconder?

(A) Section 81 (B) Section 83

Ans. (c)

99. Under which section of Cr.P.C. an accuse person can himself be a competent witness

(A) Section 315

(B) Section 300

(D) Section 317

Ans. (a)

100. Who among the following is authorised to record a confessional statement under Section 164 Cr.P.C.?

(A) A Police Officer

(B) An Executive Magistrate

(D) Neither an Executive nor a Judicial Magistrate

Ans. (c)

101. Under Section 482 Cr.P.C. inherent power can be exercised by-

(A) Sessions Court

(B) Chief Judicial Magistrate

(D) Both by the High Court and Session Court

Ans. (c)

102. The object of investigation is-

(A) To arrest the accused

(B) To punish the accused

(D) None of these

Ans. (c)

103. Which of the following offence is not compoundable?

(A) Offence under Sec. 334 of I.P.C

(B) Offence under Sec. 342 of I.P.C

(D) Offence under Sec. 506 of I.P.C

Ans. (c)

104. Any dispute relating to possession of immovable property is decided by-

(A) Judicial Magistrate

(B) Executive Magistrate

(D) Neither by Judicial or Executive Magistrate

Ans. (b)

105. Section 304 Cr.P.C. deals with-:-

(A) Protection to accused against double prosecution for the same offence

(B) Legal aid to the accused at State expenses

(D) Order to release on probation of good conduct

Ans. (b)

106. Procedure for summary trail is provided in which sections of the Cr.P.C.?

(A) Section 251 to Section 260

(B) Section 238 to Section 20.5

(D) Section 255 to Section 265

Ans. (c)

107. A conditional order for removal of public nui-sance under Sec. 133 Cr.P.C. may be passed by-

(A) District Magistrate only

(B) Sub-Divisional Magistrate only

(D) Any of the above Magistrates

Ans. (d)

108. In which of the following cases it was held by the Supreme Court that Sec. 125 Cr. P.C. was applicable to all irrespective of their religion?

(A) Mohd. Amhed Khan V / s Shah Bano Begum

(B) Mod. Umar Khan V / s Gulshan Begum

(D) Sirajmohamed Khan V / s Hafizunnissa Yaseen Kahn .

Ans. (a)

109. Which Section Cr.P.C. provides that a person once convicted or acquitted cannot be tried again for the same offence?

(A) Section 304 (B) Section 300

Ans. (b)

110. Which of the following sentence may be passed by a magistrate of Second Class?

(A) Imprisonment for a term not exceeding two years

(B) Imprisonment for a term not exceeding one year

(D) Only a fine not exceeding five thousand rupees

Ans. (b)

111. Who can withdraw a case from prosecution under Sec. 321 Cr.P;C.?

(A) The State Government

(B) The Public Prosecutor Incharge of a case with the permission of the Court

(D) All the above

Ans. (b)

112. Point out the incorrect response under the Cr.P.C.-

(A) Inquiry is conducted by a Court

(B) Inquiry is conducted after framing of the charge

(D) Inquiry is conducted by a magistrate

Ans. (b)

113. A Chief Judicial Magistrate may pass a-

(A) Sentence of imprisonement not exceeding 7 years

(B) Sentence for life imprisonment

(D) Sentence of imprisonment exceeding 7 years

Ans. (a)

114. When the Criminal Procedure Code 1973 came into force?

(A) On April 1, 1973

(B) On April 1, 1974

(D) On March 1, 1974

Ans. (b)

115. The court can record demeanour of a witness under which section of criminal procedure code?

(A) Section 280 (B) Section 279

Ans. (a)

116. Provision relating to the prosecution of Public servants is given in-

(A) Section 196 Cr.P.C.

(B) Section 197 Cr. P.C.

(D) Section 198-A Cr. P.C.

Ans. (b)

117. A spits over B. A would be laible for the offence of-

(A) Annoyance

(B) Assault

(D) Defamation

Ans. (b)

118. A, a creditor takes movable property out of B's (debtor) prosession without his consent with the intention to coerce him to pay his debt. A is-

(A) Guilty of theft

(B) Guilty of extortion

(D) Guilty of robbery

Ans. (a)

119. Assertion (A): Rape is a stigma on a woman, hence is a punishable offence

Reason (R): Sexual intercourse by a man with his wife is not rape

Code:

(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)

(D) is false but (R) is true

Ans. (b)

120. The Indian Penal Code, 1860 came into force on-

(A) 6^th October, 1860

(B) 6^th December, 1860

(D) 1^st January, 1862

Ans. (d)

121. Two brothers were abusing each other a public road without actual fight. A large crowd gathered and there was a traffic jam. The two borthers are guilty of-

(A) Affray

(B) Riot

(D) None of the above

Find out the correct answer by using the code given below-

Code:

(A) 1 and 2 (B) 2and 3

Ans. (c)

122. X and Y were about the travel from Jammu Tawi to Delhi by the same train. Y had. two tickets from Pathankot and X had a ticket from Delhi. X voluntarily handed over his ticket to Y in order to check that it was the right one. Y under the pretence of returning X's ticket subtituted it by one of his own and kept X’s ticket. What offence did Y commit?

(A) Theft

(B) Extortion

(D) Cheating

Ans. (c)

123. Y owned some money to X. X removed the bullock of Y grazing by the side of a stream and kept it tied in his own house. When Y asked him to release the bullock, X told him that he would do so when the money was paid. X is guilty of-

(A) Criminal breach of trust

(B) Criminal misappropriation

(D) Theft

Ans. (c)

124. A person who was not expected to be in office, created a belief that he would be in office and obtained gratification. Which one of the following offences has been committed by him?

(A) Bribery

(B) Misappropriation

(D) None of the above

Ans. (c)

125. One of the following is not a public servant-

(A) Liquidator

(B) A Civil Judge

(D) Secretary of a Co-operative society

Ans. (d)

126. Which one of the following is punishable as sedition?

(A) Bitter criticism of the Government to overthrow it.

(B) Inducing people to cease to obey law and lawful authority

(D) An attempt to remove the ministers from power.

Ans. (b)

127. In which of the following cases, Sec. 303 I.P.C. was declared unconstitutional?

(A) Sita Ram V/s State of M.P.

(B) Darshan Singh V/s State of Punjab

(D) Mahabir Ghose V/s State of Tamil Nadu

Ans. (c)

128. A by putting Z in fear of grievous hurt dishonestly induces Z to sign or affix his seal on and delivers the paper to A. A has committed-

(A) Robbery

(B) Dacoity

(D) Extortion

Ans. (d)

129. The offence of theft becomes robbery when it is-

(A) Coupled with force

(B) Committed by two or more but less than five persons

(D) Coupled with imminent danger to life

Ans. (d)

130. X and Y agreed to commit murder of Z by poisoing and Y was to procure poison, but he did not procure it. X and Y are guilty of-

(A) Abetment of murder by conspirarcy

(B) Attempt to murder with the aid of Sec. 34, IPC

(D) Criminal conspiracy to murder Z

Ans. (d)

131. X, and Y swimming in the sae, after a ship wreck, got hold of a plank. The plank was not large enough to support both. X having no other option, pushed Y who was drowned. X has commited-

(A) Culpable homicide

(B) Murder

(D) No offence

Ans. (b)

132. Which one of the following is not an essential element of the offence of theft?

(A) Dishonest intention to take property

(B) Property must be movable

(D) Property must be immovable

Ans. (d)

133. In which one of the following cases distinction between culpable homicide and murder was made?

(A) R. V/s Lipman

(B) Reg V/s Govinda

(D) K.M. Nanavati V/s State of Bombay

Ans. (b)

134. Which one of the following is not an essential element of crime?

(A) Mens rea (B) Actus reus

Ans. (d)

135. Which one of the following cases is not related to principle of joint liability based on common intention?

(A) Barendra Kumar Ghos V/s Emperor

(B) Mahboob Shah V/s Emperor

(D) Reg V/s Govinda

Ans. (c)

136. Which one of the following cases is related to the defence of insanity?

(A) M’c Naugten Case

(B) DPP V/s Beard

(D) K.M. Nanavati V/s State of Bombay

Ans. (a)

137. Which one of the following is not a kind of punishment under the I.P. Code?

(A) Imprisonment for life

(B) Transportation

(D) Simple imprisonment

Ans. (b)

138. In which of the following the right of private defence of body does not extend to causing of death?

(A) An assult with the intention of comittion rape

(B) An assult with the intention of kidnapping

(D) An assault with the intention of committing wrongful restraint.

Ans. (d)

139. In which of the following the right of private defence of property does not extend to causing of death?

(A) Robbery

(B) House breaking by night

(D) Michief by fire

Ans. (c)

140. A is cutting wood with an axe at a place where children are playing. The axe flies off and kills a child. A is liable for-

(A) Causing death by negligence

(B) Murder

(D) No offence

Ans. (a)

141. Which section of I.P.C. defines sedition?

(A) Section 124

(B) Section 124-A

(D) Section 123

Ans. (b)

142. In a quarrel between husband and wife, the husband tries to beat the wife with a stick which accidentally falls on thenwly born baby in her hand and the baby dies instantly. Husband is guilty of the offence-

(A) Murder

(B) Culpable homicide not amounting to murder

(D) Causing death by negiligent act not amounting to culpable homicide

Ans. (c)

143. In which section of I.P.C. forgery has been defined?

(A) Section 463 (B) Section 464

Ans. (a)

144. A puts his hand in the pocket of B for stealing money, but the pocket was empty. A is guilty of-

(A) Theft

(B) Not guilty of theft

(D) Not guilty of any offence

Ans. (c)

145. Criminal trespass has been defined in which section of I.P. Code?

(A) Section 441 (B) Section 440

Ans. (a)

146. There is no offence of adultery if it is committed with the consent of-

(A) Woman

(B) Husband of the woman

(D) Wife of the adulterer

Ans. (b)

147. The rule of constructive res judicate is-

(A) A product of judicial interpretation

(B) A rule of equity

(D) A part of Supreme Court rules

Ans. (c)

148. Which one of the following is a newly added ground for rejection of a plaint under Order 7 Rule 11 of C.P.C.?

(A) Non disclosure of cause of action

(B) Under valuation of relief calimed

(D) Plaint not filed in duplicate

Ans. (d)

149. Which one of the following is not included in the powers of the applellate court?

(A) To determine the case finally

(B) To try the case de novo

(D) To take additional evidence

Ans. (b)

150. In which of the following cases it was held that “ inherent power has not been conferred on a court, it is a power inherent in the court ………”?

(A) Manoharlal V/s Seth Hirala

(B) Cotton Corporation India V/s United Industrial Bank

(D) Rajani Bai V/s Kamla Devi

Ans. (a)

151. An executing court cannot determine the question relating to which of the following?

(A) Execution of decree

(B) Discharge of decree

(D) Modification of decree

Ans. (d)

152. A person against whom summons has been issued may be compelled under Sec. 32 of C.P.C. to attend by-

(A) Issue of a warrant

(B) Attachment and sale of his property

(D) Ordering him to furnish security for his appearance

Select the correct answer with the help of the code given below-

Code:

(A) 1 and 4 (B) 3 and 4

Ans. (c)

153. Provision for interpleader suit is contained in which of the following sections of C.P.C.?

(A) Section 87 (B) Section 88

Ans. (b)

154. Which one of the following is not a suit relating to immovable property?

(A) Suit for recovery of immovable property

(B) Suit for partition of immovable property

(D) Suit for rent in respect of immovable property

Ans. (d)

155. The Code of Civil Procedure (Amendment) Act, 200 came into force on-

(A) 1^st April, 2002 (B) 1^st June, 2002

Ans. (d)

156. Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be decided according to the provision of-

(A) Section 17 of C.P.C

(B) Section 18 of C.P.C

(D) Section 20 of C.P.C

Ans. (b)

157. In which of the following provision ‘mesne profit’ has been defined in the C.P.C.?

(A) Section 2(4)

(B) Section 2(8)

(D) Section 2(14)

Ans. (c)

158. The period of limitation within which defendant shall submit his written statement is-

(A) 30 days from service of summons

(B) 40 days from service of summons

(D) 90 days from service of summons

Ans. (a)

159. In which of the following writs, the doctrine of res judicata is not applicable?

(A) Certiorari

(B) Mamdamus

(D) Habeas Corpus

Ans. (d)

160. Which one of the following properties is liable to attachment and sale in the execution of a decree?

(A) Right to future maintenance

(B) A promissory note

(D) A right of personal service

Ans. (b)

161. Which one of the following is not a suit of civil nature under C.P.C?

(A) A suit against deprivation from attending social functions

(B) A suit for arrears of salary

(D) A suit for restitution of conjugal rights.

Ans. (a)

162. Which one of the following does not find a place under the provision on Sec. 94, C.P.C relating to supplenmental proceedings?

(A) Arrest before judgement

(B) Attachment before judgement

(D) Appointment of executors

Ans. (a)

163. Which one of the following is not required in filling a representative suit under Order 1 Rule 8 of the C.P.C?

(A) Numerous parties

(B) Same interest

(D) Written permission of those who are being represented

Ans. (d)

164. The provision for the institution of suits is given in which of the following sections of C.P.C ?

(A) Section 26 (B) Section 30

Ans. (a)

165. A right to sue for damages is-

(A) An actionable claim

(B) Not an actionable claim

(D) Transferable

Ans. (b)

166. The doctrine of part performance as given in Sec. 53-A of T.P. Act is-

1) A statutory right

2) an equitable right

3) Available in defence

Code:

(A) 1 and 3 (B) 1 and 3

Ans. (d)

167. Assertion (A): Property is a comprehensive term and includes copy right.

Reason: Transfer of Property Act deals with all kinds of property including patents.

Choose the correct answer using the codes given below-

Code:

1) Both A and R are true and R is the correct explanation of A

2) Both A and R are true but R is not the correct explanation of A

3) A is true but R is false

4) A is false but R is true

Ans. (c)

168. Which of the following Combinations are correctly matched?

Mense Profit Actionable claim

Claim of a muslim Actionable claim wife for unpaid dower

Unsecured debt Actionable claim

Profit under a sale of goods contract Actionable claim

Select the correct answer using the code given below-

Code:

(A) 2, 3 and 4 (B) 1, 2 and 3

Ans. (a)

169. Remedey of ‘Foreclosure’ is available in which one of the following mortagages?

(A) Usufructuary mortage

(B) Simple mortagage

(D) English mortage

Ans. (c)

170. Which one of the following is not an essential element of sale?

(A) Parties

(B) Subject matter

(D) payment of price in cash

Ans. (d)

171. ‘Rule against double possibilities’ was recognised in which one of the following cases?

(A) Girijesh Dutt V/s Datadin

(B) Whitby V/s Mitchell

(D) Sopher V/s Administrator General of Bengal

Ans. (b)

172. Which one of the following sections of T.P Act deals with doctrine of ‘ substituted security’?

(A) Section 68 (B) Section 70

Ans. (c)

173. Which is correct answer in the following?

(A) Section 60 of T.P. is enforceable on mortagage decrees

(B) Sale or purchase agreeements are saleable properties and liable for attachement

(D) Motor pump which is used in irrigation is liable for attachment

Ans. (a)

174. Ram Coomar Kundoo V/s Mc Queen (1872) is related to-

(A) Lis pendens

(B) Ostensible owner

(D) Mortgage

Ans. (b)

175. The Principle of the maxim “ nemo dat quad non habet’ is incorporated in which of the following sections of T.P. Act?

(A) Sections 41, 42, 43 and 44

(B) Sections 41 and 42

(D) Section 41 and 43

Ans. (a)

176. Doctrine of Marshalling has been provided in which of the following sections of the T.P. Act?

(A) Section 56 and 81

(B) Section 56 and 82

(D) Section 81 and 82

Ans. (a)

177. Sections 58 (a) of the T.P. Act defines-

(A) Mortgage, mortgagee and mortgage money

(B) Mortgage, mortgagor, mortgagee and mortgage deed

(D) Mortgage, mortgagor, mortgage money and mortgage deed

Ans. (c)

178. Under the Hindu Adoption and Maintenance Act, a mother is-

(A) Entitled to live along with her son’s family

(B) Not entitled to live along with her son’s family

(D) Entitled to have separate accommodation from her son.

Ans. (d)

179. Which of the following ancient forms of marriages were not approved by Hindu Law?

1. Gandharva 2. Arsha

3. Prajapatya 4. Asura

(A) 1, 2 and 3 (B) 2 and 3

Ans. (d)

180. A boy of 17 years marries a girl of 15 years The marriage is-

(A) Void

(B) Voidable

(D) Valid and punishable

Ans. (d)

181. ‘A marries B’ the widow of his elder brother. The marriage is-

(A) Valid (B) Void

Ans. (b)

182. An adoption made by a Hindu male without the consent of his wife is-

(A) Void (B) Voidable

Ans. (a)

183. Coparcenary property of a Hindu-

(A) Devolves by succession

(B) Devolves by survivorship

(D) Cannot be partitioned

Select the correct answer with the help to code given below-

Code:

(A) 1 and 2 (B) 2 and 3

Ans. (b)

184. The statement “While there is no rose which has not them but if what you hold is all thorn and no rose, better throw it away” rates relates to-

(A) Restitution of conjugal rights

(B) Judicial sepration

(D) Irretrievable break down of marriage theory of divorce

Ans. (d)

185. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if-

(A) She is not married

(B) She is married

(D) She cannot adopt at all

Ans. (a)

186. The Hindu Marriage Act, 1955 contains the provision regarding divorce in-

(A) Section 10

(B) Section 11

(D) Section 15

Ans. (c)

187. Which Section of Hindu marriage Act provides for the restitution of conjugal rights?

(A) Section 9 (B) Section 10

Ans. (a)

188. Which one of the following is not included in the term ‘Hindu’ used in the Hindu marriage Act, 1955?

(A) Sikhs (B) Jains

Ans. (c)

189. A marriage under the Hindu Marriage Act, 1955, between two persons within prohibited degrees of relationship is-

(A) Valid (B) Void

Ans. (b)

190. Adultery by a Hindu husband is-

(A) Ground of divorce only

(B) Not a ground of divorce

(D) Ground of divorce and judicial separation of the both.

Ans. (d)

191. The natural guardian of a minor Hindu boy is-

(A) Only mother

(B) Only father

(D) Father and mother both

Ans. (d)

192. Which one is not a source of Muslim Law?

(A) The Quran (B) Shariat

Ans. (b)

193. On the ground of fosterage a muslim marriages is-

(A) Void (Batil) (B) Valid (Sahih)

Ans. (a)

194. Which of the following are sources of Muslim Law?

(A) Quran (B) Ijmaa

Ans. (d)

195. The legal guardian of a Muslim minor female is-

(A) Father

(B) Grandfather

(D) Maternal Uncle

Ans. (c)

196. Which one of the following is not essential for a valid marriage under Muslim Law?

(A) Offer and acceptance

(B) Competent parties

(D) Free consent

Ans. (c)

197. Dower in Muslim Law is-

(A) Dowry

(B) An obligation imposed upon the husband as a mark of respect for wife

(D) A legal right of the wife

Select the correct answer by using the code given below-

Code:

(A) 1, 3 and 4 (B) 2 and 4

Ans. (c)

198. Talak-ul-biddat is-

(A) Complete and irrevocable divorce

(B) Incomplete and irrevocable divorce

(D) None of these above

Ans. (a)

199. In respect of family relations, the law applicable in India is-

(A) Secular law in India

(B) Statutory law

(D) Personal law of the parties

Ans. (d)

Courtesy:- Legal Point Foundation

Legal Point

02 March, 2016

Solved Question Paper of Uttarakhand Civil Judge Examination, 2002 (Preliminary Examination)

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