Legal Point: Uttarakhand Judicial Service Exam., 2009 [P.T.]

Uttarakhand Judicial Service Exam., 2009

[Judicial Exam. P.T.]

PART-l

GENERAL KNOWLEDGE

1. How many languages are there in the Eighth Schedule of the Constitution of India?

A. 16

B. 18

C. 20

D. 22

Ans. (d)

2. Article 340 of the Indian Constitution deals with

A. Backward Classes Commission

B. Election Commission

C. Union Public Service Commission

D. Finance Commission

Ans. (a)

3. In which year' Advocate's Welfare Fund Act' was enacted by Parliament of India?

A. 1999

B. 2001

C. 2003

D. 2008

Ans. (b)

4. In which one of the following cases it has been held that prohibition on sale of eggs within municipal area of Rishikesh is not violative of Article 19(1) g of the Constitution ?

A. B.R. Enterprises v. State of U.P.

B. Sreeniwas General Traders v. State of Uttarakhand

C. Om Parkash v. State of U.P.

D. C.K. jain v. State of Uttaranchal

Ans. (c)

5. Right to Information is defined under

A. Section 2 (f) of the Right to Information Act, 2005

B. Section 2 (J) of the Right to Information Act, 2005

C. Section 4 of the Right to Information Act, 2005

D. Section 2 (b) of the Right to Information Act, 2005

Ans. (a)

6. In Uttrakhand Legislative Assembly one member is nominated from

A. Christian Community

B. Muslim Community

C. Anglo Indian Community

D. Parsi Community

Ans. (c)

7. A Supreme Court’s Judge retires at an age of

A. 58 years

B. 70 years

C. 62 years

D. 65 years

Ans. (d)

8. Who is the head of the State Executive?

A. The State Legislature Assembly

B. The State Cabinet

C. The Chief Minister

D. The Governor

Ans. (d)

9. Case of I.R. Coelho v. State of Tamil Nadu is related with

A. Judicial review of Article 356 of the Constitution

B. Judicial review of Article 226 of the Constitution

C. Judicial review of Ninth Schedule Laws

D. Judicial re view of action taken by Speaker under Article 105 of the Constitution

Ans. (c)

10. Humanisation and decrimanisation of attempts to suicide was recommended by

A. 210^th Report Humanisation of Law Commission

B. 212^th Report of Law Commission

C. 216^th Report of Law Commission

D. 215^th Report of Law Commission

Ans. (a)

11. Jaya Bachchan v. Union of India, A.I.R. 2006 SC 2119 is related with

A. Article 102(1)(a) of the Constitution

B. Article 109 of the Constitution

C. Article 190 of the Constitution

D. Article 226 of the Constitution

Ans. (a)

12. Joint Meeting of both Houses of Parliament is chaired by

A. President of India

B. Chairman of Rajya Sabha

C. Speaker of Lok Sabha

D. None of the above

Ans. (c)

13. Who among the following was the Chairman of the Sixth Pay Commission?

A. Justice A.K. Majumdar

B. Justice B. N. Srikrishna

C. Justice A.R. Lakshmanan

D. Justice R.C. Lahoti

Ans. (b)

14. 'www' on the internet stands for

A. Words Words Words

B. Wide Word Words

C. World Wide Web

D. When Where Why

Ans. (c)

15. To which of the following companies, the Delhi High Court has ordered to remove its 'Logo'?

A. Pepsico India

B. TISCO

C. Reliance Petrochemicals

D. None of the above

Ans. (a)

16. The Article of the Indian Constitution which automatically become suspended on Proclamation of Emergency is

(A) Article 14 (B) Article 19

Ans. (b)

17. Which State in India implemented the 'Panchayati Raj System' first?

(A) Rajasthan (B) Maharashtra

Ans. (a)

18. In India, which institution holds ultimate authority to accept 'Five Year Plans'?

A. Planning Commission

B. National Development Council

C. Central Cabinet

D. Parliament

Ans. (b)

19. On whose recommendation the financial distribution between, the 'Union' and 'States' takes place?

A. The Finance Commission

B. The National Development Council

C. The Planning Commission

D. The Inter-State Council

Ans. (a)

20. Who is to certify that any bill is a Money Bill?

A. Finance Minister

B. Speaker of Lok Sabha

C. Prime Minister

D. None of the above

Ans. (b)

21. The Court which has jurisdiction over election disputes under Section 80 of the Representation of People Act, 1951 is

(A) Supreme Court (B) High Court

Ans. (b)

22. Who can remove Election Commissioner his office?

A. Chief Election Commissioner

B. Prime Minister

C. Home Minister in the same way as the Judge of the High Court can be remove

D. President of India on IN recommendation of Chief Election Commissioner

Ans. (d)

23. In which of the following cases constitutionality of the Central Educational Institutions (Reservation in Admission) Act, 2006 was challenged?

A. Ashok Kumar Thakur v. Union of India

B. Ashok Kumar v. State of U.P.

C. Ashok Kumar Thakur v. State of Bihar

D. None of the above

Ans. (a)

24. How many times the emergency has been proclaimed in India on the ground of internal disturbance?

A. Once

B. Twice

C. Thrice

D. Never

Ans. (a)

25. In which year financial emergency was proclaimed under Article 360 in India?

A. 1962

B. 1965

C. 1975

D. Never

Ans. (d)

26. Who appoints the Chairman of the State Public Service Commission in India?

A. The President of India

B. The President of India in consultation with the Governor of the State

C. The Governor of the State

D. Chairman of Union Public Service Commission in consultation with the Governor

Ans. (c)

27. By which Amendment of the Indian Constitution Sikkim was included as full fledged State of the Indian Territory?

A. Thirty Second Constitutional Amendment

B. Thirty Sixth Constitutional Amendment

C. Forty Fourth Constitutional Amendment

D. Forty Second Constitutional Amendment

Ans. (b)

28. Under which Article of the Constitution of india, Parliament may admit a new State in the Indian Union?

A. In Article 1

B. In Article 2

C. In Article 3

D. In Article 4

Ans. (b)

29. Which of the following is not mentioned in Directive Prinicples of State Policy under the Constitution of India?

A. Right to adequate means of livelihood

B. Right to equal pay for equal work

C. Promotion of international peace and security

D. Free and compulsory education for children upto fourteen years of age

Ans. (d)

30. The Charter of the United Nations was signed at San Francisco on

A. June 26, 1945

B. August 15, 1943

C. January 26, 1946

D. December 30, 1941

Ans. (a)

31. Where the head office of the United Nations is situated?

A. Washington

B. Geneva

C. New York

D. The Hague

Ans. (c)

32. How many members are in the Security Council?

A. 5

B. 9

C. 10

D. 15

Ans. (d)

33. Which one of the following Article of United Nations Charter is related to the procedure of voting

A. Article

B. Article 18

C. Article 10

D. None of the above

Ans. (b)

34. Which one of the following is not one of the principal organ of United Nations?

A. Economics and Social Council

B. Trusteeship Council

C. International Labour Organization

D. International Court of Justice

Ans. (c)

35. Two official languages of the United Nations are

A. English and Hindi

B. English and German

C. English and Urdu

D. English and French

Ans. (d)

36. The Directive Principles of State Policy in the Constitution of India have been taken from which one of the following?

A. The Constitution of Ireland

B. The Constitution of United States of America

C. The Constitution of Australia

D. The Constitution of Canada

Ans. (a)

37. P's passport was cancelled by the authority without giving him any reasonable opportunity of being heard which was mandatory. In such case

A. a writ of mandamus can be issued

B. a writ of mandamus can not be issued as the authority has no obligation to act fairly
C. since cancellation of passport is always done in interest of security of India, no one can challenge the cancellation

D. a writ of prohibition can be issued

Ans. (a)

38. The maximum period of continuation of emergency under Article 356 of the Indian Constitution is

(A) 3 years (B) 6 months

Ans. (a)

39. Which one of the following Schedule was added in the Constitution by the 73,d Constitutional Amendment?

(A) Schedule XII (B) Schedule VI

Ans. (c)

40. The procedure for the removal of Supreme Court Judge is given in

A. Article 124 A

B. Article 124 (5)

C. Article 125

D. Article 126

Ans. (a)

41. Participation of workers in management of industries is provided under Indian Constitution:

(A) In Article 44 A (B) In Article 48 A

Ans. (c)

42. Article 21-A was added in the Constitution by

A. 86^th Constitutional Amendment

B. 88^th Constitutional Amendment

C. 89^th Constitutional Amendment

D. 90^th Constitutional Amendment

Ans. (a)

43. Socialist and secular words were added in the Preamble of Indian Constitution by

(A) 44^th Amendment (B) 42^nd Amendment

Ans. (b)

44. Which one of the following Articles of Indian Constitution is not related to the environmental protection?

A. Article 48 A

B. Article 51 A (i)

C. Article 51 A (g)

D. Both (A) and (C)

Ans. (b)

45. In International Court of Justice, there are

A. President and 15 other members

B. President, Vice-President and 15 other members

C. President, Vice-President and 14 other members

D. President, Vice-President and 13 other members

Ans. (d)

46. International Human Rights Day is celebrated on

(A) 26^th January (B) 10^th December

Ans. (b)

47. The Headquarter of International Court of Justice is at

(A) New York (B) Geneva

Ans. (c)

48. Sarkaria Commission was set up for the review of relations between

A. The Prime Minister and The President

B. Legislature and Executive

C. Executive and Judiciary

D. Centre and States

Ans. (d)

49. Under which Article of the Constitution the later-State Council is constituted?

(A) Article 254 (B) Article 260

Ans. (c)

50. By which Amendment of the Constitution the Service Tribunals were established?

(A) 39^th Amendment (B) 44^th Amendment

Ans. (d)

PART-II

LAW

51. Under Section 30 of the Hindu Succession Act, 1956, a Hindu can dispose of his interest in a Mitakshara Coparcenary property by

(A) will (B) gift

Ans. (a)

52. Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a

A. presumption of fact

B. mixed presumption of fact and law

C. rebuttable presumption of Jaw

D. irrebuttable presumption of law

Ans. (c)

53. Rule 2 under Section 10 of the Hindu Succession Act, 1956 is a

A. per capita rule

B. perstirpes

C. per stirpes per capita rule

D. rule of exclusion

Ans. (a)

54. A decree may be executed by

A. Tehsildar

B. Collector

C. District Judge

D. Either by the court which passed it arm which it is sent

Ans. (d)

55. On which of the following maxim the doctrine of 'Res Judicata' is based?

A. Qui facit per alium facit per se

B. Ex turpi causa non oritur actio

C. Respondent superior

D. Interest republica ut sit finish litium

Ans. (d)

56. Right to lodge a 'caveat' has been provided under

A. Section 148 of the Code of Civil Procedure, 1908

B. Section 148-Aof the Code of Civil Procedure, 1908

C. Section 148-B of the Code of Civil Procedure, 1908

D. Section 147 of the Code of Civil Procedure, 1908

Ans. (b)

57. Arrest of a person in execution of a decree has been provided

A. under Section 530f the Code of Civil Procedure

B. under Section 54 of the Code of Civil Procedure

C. under Section 56 of the Code of Civil Procedure

D. under Section 55 of the Code of Civil Procedure

Ans. (d)

58. Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to

A. either party

B. to plaintiff only

C. to defendant only

D. to only one defendant, if there are more than one defendant

Ans. (a)

59. Which of the following Sections of the Code of Civil Procedure defines the 'Mesne Profit'?

(A) Section 2(4) (B) Section 2(14).

Ans. (d)

60. Order 42 of the Code of Civil Procedure deals with

A. Appeal to Supreme Court

B. Appeal by indigent person

C. Appeal against orders

D. Appeal from appellate decrees

Ans. (d)

61. Preliminary Decree can be passed in a suit

A. for partition

B. for partnership

C. for possession and mesne profit

D. all of the above

Ans. (d)

62. Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in

A. district Court

B. the court of lower grade

C. the court of higher grade

D. all of the above

Ans. (b)

63. Pleading has been defined in

A. Order VI, Rule 1 of the Code of Civil Procedure

B. Order VI, Rule 2 of the Code of Civil Procedure

C. Order VIII, Rule 1 of the Code of Civil Procedure

D. Order VIII, Rule 2 of the Code of Civil Procedure

Ans. (a)

64. Which Provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?

(A) Order 1, Rule 1 (B) Order 2, Rule 2

Ans. (c)

65. Which one of the following authorities is not entitled to try a case summarily under the Code of criminal Procedure?

A. Chief Judicial Magistrate

B. Metropolitan Magistrate

C. Judicial Magistrate of the First Class

D. 2^nd Class Judicial Magistrate

Ans. (d)

66. Which one of the following Sections of the Code of Civil Procedure deals with 'Revision'?

A. Section 110

B. Order VI, Rule 13

C. Section 115

D. Section 120

Ans. (c)

67. Which Section of the Code of Criminal Procedure provides a protection to the members of Armed Forces from arrest?

(A) Section 41 (B) Section 45

Ans. (b)

68. In a summary trial the maximum period of imprisonment is

A. not exceeding three months

B. not exceeding six months

C. not exceeding one year

D. not exceeding two years

Ans. (a)

69. Which of the following are liable under Section 125(1)(d) of the Code of Criminal Procedure for payment of maintenance to their parents, who are unable to maintain themselves?

A. Sons only

B. Daughters only

C. Sons and daughters both

D. None of the above

Ans. (c)

70. Section 2(c) of the code of Criminal Procedure defines

A. bailable offence

B. non-bailable offence

C. cognizable offence

D. non-cognizable offence

Ans. (c)

71. Who can tender pardon to accomplice under Section 306 of the Code of Criminal Procedure?

A. Chief Judicial Magistrate only

B. Metropolitan Magistrate only

C. Magistrate of the First Class only

D. All of the above

Ans. (d)

72. The procedure of trials held before the Court of Sessions is provided in the Code of Criminal Procedure under

A. Sections 204 to 210

B. Sections 220 to 224

C. Sections 225 to 237

D. Sections 238 to 245

Ans. (c)

73. On being submitted the sentence of death by Court of Sessions, the High Court may

A. confirm the sentence

B. annul the conviction

C. maypass any other sentence warranted bylaw

D. all of the above

Ans. (d)

74. Section 2(h) of the Code of Criminal Procedure defines the term

(A) Investigation (B) Charge

Ans. (a)

75. Which 'Section' of the Code of Criminal Procedure provides for prosecution for offences against marriage?

A. Section 196

B. Section 197

C. Section 198

D. None of the above

Ans. (c)

76. Which Section of the Code of Criminal Procedure provides that "no statement made by any person to a police officer if reduced to writing, be signed by the person making it"?

(A) Section 161 (B) Section 162

Ans. (b)

77. A Chief Judicial Magistrate may pass a sentence of imprisonment

A. Not exceeding seven years

B. Exceeding seven years

C. For life

D. None of the above

Ans. (a)

78. Which one of the following Sections of the Code of Criminal provides for anticipatory bail?

(A) Section 436 (B) Section 438

Ans. (b)

79. In which of the following cases some important principles regarding the defence of unsoundness of mind were propounded?

A. Mc Naughten Case

B. R.V. Prince

C. R.V. Dudley and Stephen

D. Reg.V. Govinda

Ans. (a)

80. Which one of the following Sections of the Indian Penal Code defines "affray"?

(A) Section 159 (B) Section 160

Ans. (a)

81. A attempts to pick the pocket of Z by thrusting his hand into Z’s pocket. A falls in his attempt as Z had nothing in his pocket. What offence A has committed?

A. Theft

B. Attempt to commit theft

C. Mischief

D. No offence

Ans. (b)

82. Which one of the following Provisions of the Indian Penal Code relates to vicarious liability?

(A) Section 120 A (B) Section 121

Ans. (c)

83. Which one of the following cases is a case relating to Section 34 of the Indian Penal Code?

A. K.M. Nanavati v. State of Maharashtra

B. Niharendu Dutta v. King Emperor

C. Barendra Kumar Ghosh v. King Emperor

D. Kedar Nath v. State of West Bengal

Ans. (c)

84. Which one of the following Provisions of the Indian Penal 'Code defines "Unlawful Assembly"?

(A) Section 141 (B) Section 142

Ans. (a)

85. The maxim "Ignorantia facit excusat" relates to

A. Section 75 of the Indian Penal Code

B. Section 76 of the Indian Penal Code

C. Section 77 of the Indian Penal Code

D. None of the above

Ans. (b)

86. Which Provision of the Indian Penal Code says, "nothing is an offence which is done by accident"?

A. Section 79 of I.P.C.

B. Section 78 of I.P.C.

C. Section 80 of I.P.C.

D. None of the above

Ans. (c)

87. Which one of the following Sections of the Indian Penal Code has been declared unconstitutional as violative of Articles 14 and 24 of the Constitution of India?

A. Section 301

B. Section 303

C. Section 306

D. Section 314

Ans. (b)

88. Which one of the following Sections of the Indian Penal Code relates to punishment for abetment to commit suicide?

(A) Section 306 (B) Section 307

Ans. (a)

89. Which one of the following cases is not correctly matched?

A. Me'Naughten's case Section 84 of L.P.G.

B. D.P.P. v. Beard Section 84 of I.P.C.

C. Basudeo v. State Section 86 of I.P.C.

D. Bhawoo Jiwaji v. Mooljee Dayal Section 79 of I.P.C.

Ans. (b)

90. How many kinds of hurts are included under grevious hurt under Section 320 of the Indian Penal Code?

(A) 5 (B) 6

Ans. (d)

91. Which one of the following Sections of the Indian Penal Code relates with punishment for cheating?

A. Section 415

B. Section 417

C. Section 416

D. None of the above

Ans. (b)

92. Which Provision of the Indian Penal Code makes water pollution punishable?

A. Section 277

B. Section 278

C. Section 279

D. Section 280

Ans. (a)

93. In which of the following offences under the Indian Penal Code, preparation of the offence is punishable? .

A. Murder

B. Dowry death

C. Waging war against Government of India

D. Theft

Ans. (c)

94. Adultery is an offence committed

A. with the consent of a married woman.

B. with the consent of a woman.

C. without the consent of a woman but with the consent of her husband.

D. with the consent of a minor girl.

Ans. (a)

95. How many exceptions have been provided for the offence of defamation under Section 499 of the Indian Penal Code?

(A) 4 (B) 10

Ans. (b)

96. The case of S. Varadrajan v. State relates to

A. Section 366-A of I.P.C.

B. Section 364-A of I.P.C.

C. Section 363 of I.P.C.

D. None of the above

Ans. (c)

97. Which one of the following cases relates to right of private de1ence?

A. Jaidev v. State

B. Ram Rattan v. State

C. Guljar Singh v. State

D. Rajesh Kumar v. Dharamveer

Ans. (a)

98. A enters Z house through a window. Here A commits

A. Trespass

B. House trespass

C. House breaking

D. All of the above

Ans. (c)

99. Which one of the following cases is not related to Mens rea?

A. R.V. Prince

B. Queen v. Tolson

C. Sherras v. De Rutzen

D. Barendra Kumar Ghosh v. Emperor

Ans. (d)

100. Which Section of the Indian Penal Code deals with those conditions, when consent is said to be, not free consent?

A. Section 87

B. Section 90

C. Section 92

D. Section 89

Ans. (b)

101. Point out incorrect response.

The following are modes of abetment:

A. Instigation

B. Engaging in conspiracy

C. Aiding

D. None of the above

Ans. (d)

102. In which of the following cases the principles relating to the defence of intoxication were laid down?

A. Me ‘ Naughten Case

B. Director of Public Prosecution v. Beard

C. R.V. Dudley and Stephen

D. R.V. Prince

Ans. (b)

103. A administers poisonous drug to a woman B to cause miscarriage. It is found that B was not pregnant. In this case

A. A is not guilty of attempt to cause miscarriage

B. A is guilty of attempt to cause miscarriage

C. A is guilty of murder

D. A is guilty of no offence

Ans. (a)

104. Which is the secondary source of Muslim Law under the following?

A. Custom

B. Ijmaa

C. Qiyas

D. None of the above

Ans. (a)

105. Which of the following modifies the application of Muslim Law?

A. Shariat Act, 1937

B. Muslim Marriage Dissolution Act, 1939

C. Muslim Woman (Proctection of rights on Divorce ) Act, 1986

D. All the above

Ans. (d)

106. Which of the following Muslim Laws Applies in India?

A. Muslim Penal Law

B. Muslim Law of Evidence

C. Muslim Law of Sales of goods

D. Muslim Women(Protection of Rights on Divorce) Act, 1986

Ans. (d)

107. Who applied Qiyas for the first time as source of Muslim Law?

A. Imam Abu Hanifa

B. Imam Yusuf

C. Imam Jafer

D. Imam Ahmad

Ans. (a)

108. Under Muslim law, marriage is

A. an institution legalizing male and female conjugal relations

B. a civil contract

C. Sunnet

D. all the above

Ans. (d)

109. Who can be a guardian in minor’s marriage in Sunni Law?

A. Mother in the presence of father

B. Grand mother in the presence of mother

C. Maternal uncle in the presence of real uncle

D. Father

Ans. (d)

110. Under the following which is absolute incapacity for marriage?

A. Consanguinity

B. Affinity

C. Fosterage

D. All the above

Ans. (d)

111. Which is relative incapacity for marriage?

A. Marriage with wife’s sister when wife is alive

B. Marriage with fifth woman in the presence of four wives

C. Absence of required number of witnesses at the time of marriage

D. All the above

Ans. (d)

112. Mahar-e-Misi determined on what ground?

A. Personal characteristics of wife such as age, extra ordinary beauty

B. Her father’s family social status

C. Dower paid to women in her husband’s family

D. All the above

Ans. (d)

113. What are the wife’s rights when husband does not pay the dower?

A. Refuse consummation

B. File suit for recovery of dower

C. Keep possession over dead husband’s property

D. All the above

Ans. (d)

114. In the absence of mother, which of the following females has the first priority to have the custody of a Muslim child?

A. Father’s mother

B. Mother’s mother

C. Sisters

D. Maternal aunt

Ans. (b)

115. A Muslim can marry any number of wives not exceeding four, if a Muslim marries a fifth wife such a marriage shall be

A. valid

B. void

C. irregular

D. either A or b

Ans. (c)

116. In Sunni-te Law, the guardian of the minor’s property is

A. mother

B. father

C. mother’s mother

D. fathers father

Ans. (b)

117. After divorce a Muslim woman

A. can not remarry

B. can remarry immediately

C. can marry only after completion of Iddat period

D. none of the above

Ans. (c)

118. How many witnesses are necessary in Shia Muslim marriage?

A. Two males

B. One male and two females

C. No witness is required

D. Both A and B

Ans. (c)

119. In Shia School of Muslim Law the amount of Mehar is

A. not legally fixed

B. 10 dirhams

C. 100 dirhams

D. 500 dirhams

Ans. (a)

120. Doctrine of cy-pres is related with

A. marriage

B. dower

C. gift

D. wakfs

Ans. (d)

121. The term Musha under Muslim law means

A. divided property

B. joint property

C. separate property

D. undivided share in property

Ans. (d)

122. A Sunni Muslim performs marriage during the period of Iddat the marriage is

A. void

B. valid

C. Irregular

D. voidable

Ans. (c)

123. A Muslim mother is entitled to the custody of her female child until she attains

A. the age of 7 years

B. puberty

C. age of 11 years

D. age of 15 years

Ans. (b)

124. Dissolution of Muslim marriage by agreement is known as

A. Talaq in ahsan

B. Illa

C. Zihar

D. Khula

Ans. (d)

125. Which Wasiyat is invalid in Muslim Law?

A. Wasiyat made in favour of religious school.

B. Wasiyat made to the killer of legato

C. Wasiyat made for charity

D. Wasiyat made to a non muslim

Ans. (b)

126. Which of the following is not a ground of divorce under the Dissolution of Muslim Marriage Act 1939?

A. Absence of husband for four years or more.

B. Imprisonment of husband for two years

C. Failure of husband to maintain his wife.

D. Impotency of husband

Ans. (b)

127. Which of the following statement is not correct with regard to Muslim law?

A. Nephew gets twice the share of niece

B. Son gets twice the share of a daughter

C. Brother gets twice the share of a sister

D. Widower gets twice the share of a widow

Ans. (a)

128. What is right of pre emption?

A. A right to seek eviction of tenant and get vacant possession

B. A right to purchase property in preference to other person

C. A right to presume adversely

D. None of the above

Ans. (b)

129. Rule against perpetuity will not be applicable in

A. perpetual transfer for gift

B. personal contracts

C. vested interest

D. all of the above

Ans. (d)

130. Under the Provisions of Transfer of Property Act, the unborn child acquires vested interest

A. upon his birth

B. 7 days after his birth

C. 12 days after his birth

D. 18 years after his birth

Ans. (a)

131. Which one of the following Sections of the Transfer of Property Act defines Transfer of Property?

A. Sections 3

B. Section 4

C. Section 5

D. Section 6

Ans. (c)

132. Which of the following sections of the Transfer of Property Act, defines Notice?

A. Section 2

B. Section 3

C. Sections 5

D. Explanation II of Section 3

Ans. (b)

133. The Privy Council decision in Tilakdhari Lal v. Khedan lal relates to

A. Section 3 of the Transfer of Property Act

B. Section 41 of the Transfer of Property Act

C. Section 107 of the Transfer of Property Act

D. Section 122 of the Transfer of Property Act

Ans. (a)

134. Which one of the following is not correctly matched?

A. Oral transfer Section 9 of the Transfer of Property Act

B. Rule against perpetuity Section 14 of the Transfer of Property Act

C. Doctrine of election Section 35 of the Transfer of Property Act

D. Transfer by Ostensible Owner Section 40 of the Transfer of Property Act

Ans. (d)

135. Which one of the following Provisions of the Transfer of Property Act refers to usufructuary mortgage?

A. Section 58 (a)

B. Section 58(b)

C. Section 58(d)

D. Section 58(e)

Ans. (c)

136. Which one of the following cases does not pertain to the doctrine of part performance/

A. Arrif v. Jadu Nath

B. Prabodh Kumar v. Dantmara Tea Co.

C. Sardar Govind Rao Mahadik v. Devi Sahai

D. Ram Barsan Prasas v. Ram Mohit Hazra

Ans. (d)

137. Which Provisions of the Transfer of Property Act defines lease?

A. Section 105

B. Section 106

C. Section 107

D. Section 108

Ans. (a)

138. The provision of fraudulent transfer is given in

A. Section 49 of the Transfer of Property Act, 1882

B. Section 50 of the Transfer of Property Act, 1882

C. Section 51 of the Transfer of Property Act, 1882

D. Section 53 of the Transfer of Property Act, 1882

Ans. (d)

139. The gift of future property is

A. void

B. voidable

C. valid

D. conditionally void

Ans. (a)

140. Which Section of the Transfer of Property Act, 1882 was amended in the year 2002?

A. Section 106

B. Section 100

C. Section 108

D. Section 110

Ans. (a)

141. The rule of lis pendens applies when

A. The suit or proceeding is which right to immovable property is indirectly in question.

B. A suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property.

C. The suit or proceedings is pending in a court which does not have jurisdiction.

D. Litigation is not bonafide but collusive.

Ans. (b)

142. Transfer of property Act came into force on

A. July 01, 1882

B. August 01, 1882

C. September 01, 1882

D. October, 01, 1882

Ans. (a)

143. In the Transfer of Property Act, Immovable property does not include

A. building

B. land

C. pond

D. standing timber

Ans. (d)

144. Which of the following properties cannot be transferred?

A. Share in copyright

B. Interest in mortgaged property

C. Right to future maintenance

D. Immovable property

Ans. (c)

145. Which of the following sections of the Transfer of Property Act deals with effect of holding over a lease?

A. Section 114 A

B. Section 115

C. Section 115 A

D. Section 116

Ans. (d)

146. Sin which of the following conditions the lease can be terminated?

A. Efflux of time

B. On termination of lessor’s interest or power

C. On merger

D. All the above

Ans. (d)

147. The doctrine of lis pendens is explained in famous case of

A. Bellamy v. Sabine

B. Musahur Sahu v. Hakim Lal

C. Mihammad Shafi v.Muhammad Sayed

D. Tulk v. Moxhay

Ans. (a)

148. Transfer of a right to enjoy to enjoy the immovable property for a certain time is

A. mortgage

B. agreement to lease

C. licence

D. lease

Ans. (d)

149. In case of gift, the done dies before acceptance, then

A. gift is voidable

B. gift is valid

C. gift is void

D. none of the above

Ans. (c)

150. The mortgagor’s right to redeem the mortgaged property accrues

A. at any time after the mortgage

B. at any time after the mortgage money has become due

C. at any time when the mortgagor wants

D. at any time mortgagee demands the money

Ans. (b)

151. Which one of the following mortgages does not require writing and registration?

A. Usufructuary mortgage

B. Simple mortgage

C. English mortgage

D. Mortgage by deposit of title deeds

Ans. (d)

152. Which of the following is included in the term living person under Section 5 of the Transfer of Property Act?

A. A company

B. An association

C. Body of individuals

D. All of the above

Ans. (d)

153. Section 11 of the Transfer of Property Act will be applicable only when the interest transferred in the property is

A. limited

B. absolute

C. both A and B

D. None of the above

Ans. (b)

154. Which statement is not correct?

A. Some facts are relevant but not admissible

B. Some facts are admissible but not relevant

C. All relevant facts are admissible

D. All admissible facts are not relevant

Ans. (c)

155. Which Section of the Indian Evidence Act deals with Docrtrine of confirmation by subsequent facts?

A. Section 27

B. Section 115

C. Section 102

D. Section 165

Ans. (a)

156. Which Section of the Indian Evidence Act is not on shifting of burden of proof?

A. Section 101

B. Section 102

C. Section 105

D. Section 108

Ans. (a)

157. Which Section of the Indian Evidence Act is related with doctrine of Res ipsa loquitor?

A. Section 102

B. Section 104

C. Section 106

D. Section 108

Ans. (c)

158. Which one of the following Sections of the Indian Evidence Act provides for admissibility of secondary evidence?

A. Section 60

B. Section 61

C. Section 63

D. Section 65

Ans. (d)

159. Which one of the following Sections of the Indian Evidence Act says facts admitted need not be proved?

A. Section 18

B. Section 21

C. Section 55

D. Section 58

Ans. (d)

160. Section 111-B presumption as to dowry death was added to the Indian Evidence Act in

A. 1986

B. 1983

C. 1961

D. 1962

Ans. (b)

161. Which one of the following is not correctly matched?

A. Child witness Section 118

B. Dumb witness Section 120

C. Hostile witness Section 154

D. Expert witness Section 45

Ans. (a)

162. The illustration that, A and B are jointly tried for the murder of C. It is proved that A said B and I murdered C, relates

A. Section 30 of the Indian Evidence Act

B. Section 24 of the Indian Evidence Act

C. Section 25 of the Indian Evidence Act

D. Section 27 of the Indian Evidence Act

Ans. (a)

163. Identification parade is relevant under

A. Section 8 of the Indian Evidence Act

B. Section 9 of the Indian Evidence Act

C. Section 10 of the Indian Evidence Act

D. Section 11 of the Indian Evidence Act

Ans. (b)

164. Which of the following Sections was amended by the Indian Technology Act, 2000?

A. Section 6 of the Indian Evidence Act

B. Section 17 of the Indian Evidence Act

C. Section 32 of the Indian Evidence Act

D. Section 41 of the Indian Evidence Act

Ans. (b)

165. Section 113-A of the Indian Evidence Act was added in

A. year 1982

B. year 1983

C. year 1988

D. year 1980

Ans. (b)

166. The Indian Evidence Act deals with

A. presumption juris only

B. presumption huminis only

C. both A and B

D. none of the above

Ans. (c)

167. Indian Evidence Act deals priviledge

A. as a right only

B. as a duty only

C. as a right and duty both

D. neither as a right nor as a duty

Ans. (c)

168. Facts supporting or rebutting the opinion of the experts are relevant under

A. Section 45 of the Indian Evidence Act

B. Section 46 of the Indian Evidence Act

C. Section 50 of the Indian Evidence Act

D. Section 51 of the Indian Evidence Act

Ans. (b)

169. Which one of the following cases does not relate to dying declaration?

A. Queen Emperess v. Abdullah

B. Pakala Narayan Swamy v. King Emperor

C. Zafar v. State of U.P.

D. Ratangond v. State of Bihar

Ans. (c)

170. Case of Pakala Narayan Swami v. King Emperor is related with

A. Section 6 of the Indian Evidence Act

B. Section 21(1) of the Indian Evidence Act

C. Section 32 (1) of the Indian Evidence Act

D. Section 41 of the Indian Evidence Act

Ans. (c)

171. Who amongst the following is an expert under the Indian Evidence Act?

A. Hand writing expert

B. Fingerprint expert

C. Ballistics expert

D. All of the above

Ans. (d)

172. Under which Section of the Indian Evidence Act the principle of Res Gestae is given?

A. Section 12

B. Section 6

C. Section 2

D. Section 15

Ans. (b)

173. Under Section 17 of the Indian Evidence Act, the admission is

A. written only

B. oral only

C. both written or oral

D. none of the above

Ans. (c)

174. Which of the following Sections of the Indian Evidence Act relates to accomplice?

A. Section 30

B. Section 133

C. Section 134

D. Section 29

Ans. (b)

175. Under Section 122 of the Indian Evidence Act, privilege is available to

A. judges

B. Advocates

C. Magistrates

D. Husband and Wife

Ans. (d)

176. In which of the following cases hearsy evidence is not admissible?

A. Statement of experts expressed in treaties, if the author is dead or cannot be found,

B. Where eye witness told the facts to another person, statement of that person

C. If the statement is of a deceased person, when it relates is of cause of his death.

D. If the statement is part of the transaction in issue

Ans. (b)

177. Which one of the following is not a document under the Indian Evidence Act?

A. An inscription on a stone of a building

B. A photograph

C. A printout of a message sent through mobile or computer

D. A knife revocered by police from the possession of an accused and produced in the court

Ans. (d)

178. Which Section of the Indian Evidence Act provides that contents of the document must be proved by primary evidence?

A. Section 61

B. Section 62

C. Section 63

D. Section 64

Ans. (d)

179. A Hindu couple having the decree of judicial separation wants to live together:

A. They can live together

B. They cannot live together

C. They can live together after re marriage

D. They can live together only after the permission of the court.

Ans. (d)

180. A, a Hindu male, having undivided interest in a Mitakshara Coparcenary property dies leaving behind two sons and one daughter, The daughter is entitled to the following share in the property

A. 1/3

B. ¼

C. 1/9

D. none of these

Ans. (a)

181. Hindu law does not apply to a person who is a Hindu by

A. birth

B. conversion

C. re conversion

D. none of the above

Ans. (d)

182. Who is a Hindu among following?

A. A legitimate child of Sikh male and Jain female

B. An illegitimate child of Sikh male and Jain female

C. An illegitimate child of Hindu male and Parsi female and who was brought up as a Hindu

D. All of the above

Ans. (d)

183. Dayabhaga is authored by

A. Vijnaneshwara

B. Yayavalkya

C. Jimutavahana

D. None of the above

Ans. (c)

184. Vijnaneshwara is a famous commentator of

A. Manu Smriti

B. Narad Smriti

C. Yagyavalkya Smriti

D. None of the above

Ans. (d)

185. In regard to a Hindu marriage, Sapinda relationship of any person is counted upto

A. Fifth generation in the line of ascent throught father only

B. Third generation in the line of ascent throught mother only

C. Both A and B

D. None of the above

Ans. (c)

186. Pre-martial relation of a spouse is a statutory ground for

A. Judicial separation

B. Divorce

C. Nullity of marriage

D. None of the above

Ans. (d)

187. A Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is

A. valid

B. voidable

C. illegal

D. void

Ans. (d)

188. Order of succession under the Hindu Succession Act of a male Hindu dying intestate is as follows:

A. Agnats, Cognates, Class I heirs, Class II heirs.

B. Cognates, Agnates, Class I heirs, Class II heirs.

C. Class I heirs, Class II heirs, Agnates, Cognates.

D. Class I heirs, Class II heirs, Cognates, Agnates

Ans. (c)

189. Provisions of Section 24 of the Hindu Marriage Act, 1955 corresponds to

A. Section 36 of the Special Marriage Act, 1954

B. Section 36 of the Indian Divorce Act, 1869

C. Both A and B

D. None of the above

Ans. (c)

190. Consent theory of divorce was introduced in the Hindu Marriage Act, 1955 in the year

A. 1979

B. 1976

C. 1964

D. 1956

Ans. (b)

191. A person is not disqualified from succeeding to any property on the ground of any disease, defect or deformity is provided under

A. Section 28 of the Hindu Succession Act, 1956

B. Section 29 of the Hindu Succession Act, 1956

C. Section 30 of the Hindu Succession Act, 1956

D. None of the above

Ans. (a)

192. Which one of the following Sections of the Hindu Marriage Act 1955 deals with Restitution of Conjugal Rights?

A. Section 5

B. Section 9

C. Section 10

D. Section 11

Ans. (b)

193. If parties to a Hindu marriage are sapinda to each other, the marriage is

A. void

B. voidable

C. valid

D. none of the above

Ans. (a)

194. A Hindu married woman of 32 years of age adopts a male child of 8 years with the consent of her husband. The adoption is

A. valid

B. not valid

C. voidable at the option of husband

D. none of the above

Ans. (a)

195. A Hindu dies intestate leaving behind two sons, one daughter and widow. His property shall devolve to

A. sons only

B. sons and daughter only

C. widow only

D. sons, daughter and widow all

Ans. (d)

196. Under Hindu Succession Act, 1956 who amongst the following is not in Class I heir?

A. Father

B. Mother

C. Son

D. Daughter

Ans. (a)

197. Under Mitakshara School Coparcenary interest devolves by

A. representation

B. survivorship

C. obstructed heritage

D. unobstructed heritage

Ans. (b)

198. Under the Hindu Adoption and Maintenance Act, 1956 which of the following is not entitled to adopt?

A. An unmarried person

B. Husband with the consent of wife

C. Wife who is divorced

D. Husband without the consent of wife

Ans. (d)

199. Under which Section of the Hindu Marriage Act, 1955, the provision relating to registration of marriage is given?

A. Section 8

B. Section 7

C. Section 6

D. Section 5

Ans. (a)

200. Under which Section of the Hindu Marriage Act, 1955, husband and wife may file a petition of divorce by mutual consent?

A. Section 13-A

B. Section 13-B

C. Section 14

D. Section 9

Ans. (b)

Courtesy:- Legal Point Foundation

Legal Point

09 March, 2016

Uttarakhand Judicial Service Exam., 2009 [P.T.]

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