HIMACHAL
PRADESH JUDICIAL SERVICE
Negative
marking: 0.25 marks per question
Total Questions:150
Duration: 2:00 Hours
Date: 23-02-2020
Note: - If any provision has been amended for Himachal Pradesh, the aspirants are expected to answer in the light of the amended provision.
CIVIL
LAW I
THE
CODE OF CIVIL PROCEDURE
1.
Choose the most appropriate response with respect to the Code of Civil
Procedure, 1908:
(i) The
‘Rules’ are contained in the Second Schedule of the Code, the First Schedule
deals with the ‘Sections’
(ii) The
Sections of the Code are fundamental and unalterable except by the legislature.
(iii)
The Sections create the jurisdiction
(iv) The
rules are concerned with the machinery and indicate the mode in which the
‘said’ jurisdiction is to be exercised.
(v) In
the case of any conflict between the sections and the rules, that should
prevail which indicate the mode in which the jurisdiction is to be exercised.
The
Correct option is: –
(a) Only
(i), (ii) and (v) are correct
(b) Only
(i), (ii), (iii) and (iv) are correct
(c) Only
(ii) and (v) are correct
(d) Only
(ii), (iii) and (iv) are correct
2.
“Every suit is commenced by a plaint and when there is no civil suit, there is
no decree. However, in the cases of certain statutory suits, i.e. those
proceedings which are commenced by an application, the decision is a decree”.
In the light of the above statement, state, which among the under mentioned,
qualify for such ‘statutory suits’ in which a decree can be passed:
(i)
Contentious probate proceeding
(ii) An
application to file an agreement to refer to arbitration
(iii)
Proceedings for setting aside an ex-parte decree
(iv)
Proceedings for leave to sue in forma pauperis
(v)
Proceedings for leave to institute a suit for the accounts of a religious
endowment.
The
options are:
(a) Only
(i), (ii) and (v) are correct a blue print of success R a h u l ’ s
(b) Only
(iii), (iv) and (v) are correct
(c) Only
(i), (ii), (iii) and (v) are correct
(d) Only
(i), (ii) and (iii) are correct
3. State
which among the following, is/are not decree(s)
(i) A
decision only on a question of limitation
(ii) The
adjudication made by trial Court on an application for substitution of legal
representatives of deceased.
(iii) An
order allowing withdrawl of suit, without liberty to file fresh suit without
any adjudication
(iv) An
order directing a party to furnish security to raise attachment of perishable
goods.
(v) An
order admitting a second appeal
The
options are:
(a) Only
(i), (ii) and (iv)
(b) Only
(i), (iii) and (v)
(c) Only
(i), (ii) and (v)
(d) All
(i), (ii), (iii), (iv) and (v)
4. “An
appeal lies from the judgment itself and for the purpose of appeal, drawing of
decree is no more essential.” The aforesaid statement finds place and derives
validity as per the provision of:
(a)
Order XLI, rule 1 of the Code as amended by the Code of Civil Procedure
(Amendment) Act, 1999
(b)
Order XLI, rule 3A of the Code as amended by the Code of Civil Procedure
(Amendment) Act, 1999
(c)
Order XLI, rule 4 of the Code as amended by the Code of Civil Procedure
(Amendment) Act, 2002
(d)
Order XLI, rule 5 of the Code as amended by the Code of Civil Procedure
(Amendment) Act, 2002
5. In
which celebrated judgment, the below – mentioned was held: A suit to declare a
church as episcopal is maintainable, not only because it is a suit of civil
nature, but also because there is no other forum. Article 25 of the
Constitution guarantees the right to profess, practise and propagate religion.
So there must be a forum for its enforcement. It would be a travesty of justice
to say that there can be no forum.
(a) PMA
Metropolitan v. Moran Mar Marthoma
(b)
Salem Advocate Bar Association, Tamil Nadu v. Union of India
(c)
Dhulabhai v. State of Madhya Pradesh
(d)
Rajasthan State Roadways Transport Corporation v. Bal Mukund
6. “Any
relief claimed in the plaint, which is not expressly granted by the decree,
shall, for the purposes of this Section, be deemed to have been refused.” Which
explanation of Section 11 deals with the aforesaid rule?
(a)
Explanation II
(b)
Explanation IV
(c)
Explanation V
(d)
Explanation VIII
7.
“Exceptio rei judicatae” infers:
(a) An
exception to res judicata
(b) An
exception to the rule of conclusivity of previous judgment
(c)
Previous judgment
(d) Both
(a) and (b) are correct
8.
Duchess of Kingstone’s case is a famous case on the subject of –
(a)
Suits of civil nature
(b)
Conclusivity of foreign judgment
(c) Res
judicata
(d)
Representative suit
9.
Choose the correct alternative
(i) The
doctrine of res judicata applies to both judicial and quasi-judicial
proceedings.
(ii) Res
judicata applies only against the defendant
(iii)
Res judicata operates against both the parties to the suit
The
options are:
(a) Only
(i) and (iii) are correct
(b) Only
(i) and (ii) are correct
(c) Only
(iii) is correct (d) Only (ii) is correct
10.
Choose the correct alternative:
(i) Res
judicata has to be specifically pleaded
(ii) Res
Judicata is a question of law only
(iii)
Res Judicata is a question of fact only
(iv) Res
Judicata is a mixed question of fact and law
(a) Only
(i) and (ii) are correct
(b) Only
(i) and (iii) are correct
(c) Only
(i) and (iv) are correct
(d) Only
(iv) is correct
11. The
object of which one of the following provisions is to enable a decree-holder to
obtain an interim attachment where there is a ground to apprehend that he may
otherwise he deprived of the fruits of his decree and to prevent the judgment –
debtor from alienating or otherwise dealing with his property to the detriment
of the decree holder till proper proceedings are taken?
(a)
Section 39
(b)
Section 46
(c)
Section 148
(d)
Section 148A
12. The
‘doctrine of cypres’ is contained is:
(a)
Section 91(1)
(b)
Section 91(3)
(c)
Section 92(2)
(d)
Section 92(3)
13. How
many grounds of attack of the foreign judgment have been provided under Section
13 of the Code?
(a) Four
(b) Five
(c) Six
(d)
Eight
14. For
the purpose of section 39, the court is of competent jurisdiction, if at the
time of making the application for transfer of decree to it, such court would
have jurisdiction to try the suit:
(a) In
which such decree was passed
(b) In
which such decree was pending
(c) To
which such decree has been transferred from other court
(d)
Either (a) or (c), depending upon the facts and circumstances of the case
15.
Section 14 of the Act is
(a)
Presumption of fact
(b)
Rebuttable presumption of law
(c)
Irrebuttable presumption of law
(d)
Conclusive proof of the matters alleged therein
16.
“Where a party himself wishes to appear as a witness, he shall so appear before
any other witness on his behalf has been examined, unless the court for reasons
to be recorded in writing, permits him to appear as his own witness at a later
stage.” The aforesaid provision finds a place:
(a)
Under order XVII rule 3A of the Code of, 1908
(b)
Under order XVIII rule 3A of the Code of, 1908
(c)
Under order XXIII rule 1A of the Code of, 1908
(d) Not
under the Code of 1908 but under Section 313 of the Code of 1973
17.
Interrogatories shall be answered by affidavit to be filed within_______ or
such other time as the court may allow
(a) 5
days
(b) 7
days
(c) 10
days
(d) 14
days
18. Any
interrogatories may be struck out on the ground that they are:
(i)
Prolix
(ii)
Oppressive
(iii)
Unnecessary
(iv)
Scandalous
The
options are:
(a) Only
(ii) and (iv) are correct
(b) Only
(ii), (iii) and (iv) are correct
(c) Only
(i), (ii) and (iv) are correct
(d) All
(i), (ii), (iii) and (iv) are correct
19.
Where a summons to the defendant(s) is returned unserved, under rule 5 of Order
IX, the plaintiff shall apply for issuance to fresh summons to the defendant
within:
(a) 7
days of return of summons 5
(b) 10
days of return of summons
(c) 14
days of return of summons
(d) 15
days of return of summons
20.
Under rule 4(1) of Order XVIII, the examination in-chief of a witness shall be,
(a) On
affidavit
(b)
Recorded by Judicial Magistrate of the First Class
(c)
Recorded by the Oath Commissioner
(d)
Asked in question – answer form by the Advocate of the party who has called the
witness to depose in his favour
21. An
application for setting – aside of interrogatories may be made within_________
after service of the interrogatories.
(a) Five
days
(b)
Seven days
(c) Ten
days
(d)
Fifteen days
22.
Which one among the following methods of settlement of disputes outsides the
court is not given under the Code?
(a)
Arbitration
(b)
Mediation
(c)
Conciliation
(d)
Negotiation
23.
Court fee on a plaint can be permitted to be paid on a subsequent date under
(a)
Section 148A of the Code
(b)
Section 149 of the Code
(c)
Section 150 of the Code
(d)
Section 152 of the Code
THE
INDIAN EVIDENCE ACT, 1872
24.
Several classes of facts, which are connected with the transaction(s) in a
particular mode, are relevant under
(a)
Section 6
(b)
Section 7
(c)
Section 14
(d)
Section 15
25.
Section 13 of the Act is:
(a)
Confined to public rights and does not cover private rights
(b)
Confined to private rights and does not cover public rights
(c) Not
only confined to public rights but covers private rights also
(d)
Confined to corporeal rights only, be it private or public
26.
Section 113-A was inserted by:
(a) Act
46 of 1983
(b) Act
61 of 1984
(c) Act
43 of 1986
(d) Act
65 of 1987
27. In
which case it, was held that Section 113-B is not retrospective in nature and
thus any offence committed prior to the date on which the section came into
force does not attract this presumption?
(a)
Lakhjit Singh v. State (1994 SC)
(b)
Gurbachan Singh v. Satpal (1990 SC)
(c)
State of West Bengal v. Orilal Jaiswal (1994 SC)
(d)
State of Punjab v. Iqbal Singh (1991 SC)
28. The
presumption as to certified copies of foreign judicial records under Section 86
of the Act is:
(a)
Presumption of fact
(b)
Rebuttable presumption of law
(c)
Irrebuttable presumption of law
(d)
Conclusive proof
29.
Choose the correct option after perusing the facts hereunder stated: “A sells B
a horse and verbally warrants him sound. A gives B a paper in the words –
Bought of A, a horse of Rs. 500.” In such case:
(a) B
cannot prove the verbal warranty
(b) B
can prove the verbal warranty only after getting it corroborated by two
independent witnesses
(c) B
may prove the verbal warranty
(d) None
of the above is correct
30. ‘A
wishes to prove, by secondary evidence, the contents of a lost document. A must
prove that the document has been lost’. For the aforesaid statement which
section of the Act comes into picture?
(a)
Section 102
(b)
Section 103
(c)
Section 104
(d)
Section 106
31. If a
witness is asked whether he has been previously convicted of any crime and
denies it. Then, in such a case:
(a)
Evidence cannot be given of his previous conviction
(b)
Evidence shall be given of his previous conviction
(c)
Evidence may be given of his previous conviction
(d) None
of the above is correct
32.
Previous conviction of a person is relevant under
(a)
Explanation I to Section 14 of the Act
(b)
Explanation II to Section 14 of the Act
(c)
Explanation I to Section 15 of the Act
(d)
Explanation II to Section 15 of the Act
33. “No
prejudice clause” is contained in:
(a)
Section 21
(b)
Section 22
(c)
Section 23
(d)
Section 27
34. “Res
inter alias acta” finds a place under:
(a)
Section 45
(b)
Section 46
(c)
Section 47
(d)
Section 50
35. The
Act declares that anything said, done or written by any one of the conspirators
is relevant to prove conspiracy, if it was in:
(a)
Pursuance to common object
(b)
Reference to common intention
(c)
Pursuance of their common intention
(d)
Pursuance to common design
36. The
principle of Omnia proesumuntur rite esse acta is contained in:
(a)
Section 32
(b)
Section 48
(c)
Section 79
(d)
Section 123
37.
Section 91 of the Act is subject to:
(a) One
exception
(b) Two
exceptions
(c)
Three exceptions
(d) Five
exceptions
38.
Match the following
A.
Communication during marriage
B.
Official Communications
C.
Professional Communications
D.
Confidential Communications with legal advisors
(i)
Section 122
(ii)
Section 124
(iii)
Section 126
(iv) Section
129
The
Options are: A B C D
(a) (i)
(ii) (iii) (iv)
(b) (i)
(ii) (iv) (iii)
(c) (ii)
(i) (iv) (iii)
(d) (ii)
(i) (iii) (iv)
SPECIFIC
RELIEF ACT, 1963
39. In
which of the following cases, injunction cannot be granted?
(i) When
the plaintiff has no personal interest in the matter
(ii) To
prevent a continuing breach in which the plaintiff has acquiesced
(iii) To
prevent a breach of contract the performance of which would be specifically
enforced
(iv) To
restrain any person from applying to any legislative body.
The
correct/most appropriate option is:
(a) Only
(i), (ii) and (iv) are correct
(b) Only
(ii) and (iii) are correct
(c) Only
(ii), (iii) and (iv) are correct
(d) All
(i), (ii), (iii) and (iv) are correct 8
40. As a
general rule, a suit filed under the provisions of this Act shall be disposed
of by the Court within a period of:
(a)
Twelve months from the date of institution of suit by the plaintiff
(b)
Eighteen months from the date of institution of suit by the plaintiff
(c) Six
months from the date of service of summons to the defendant
(d)
Twelve months from the date of service of summons to the defendant
41.
Which among the below-mentioned clauses is after the amendment and has been
substituted by Act 18 of 2018?
(i) Who
has obtained substituted performance of contract under section 20
(ii) Who
has become incapable of performing, or violates any essential term of, the
contract that on his part remains to be performed, or acts in fraud of the
contract, or wilfully acts at variance with, or in subversion of, the relation
intended to be established by the contract
(iii)
Who fails to prove that he has performed or has always been ready and willing
to perform the essential terms of the contract which are to be performed by
him, other than terms the performance of which has been prevented or waived by
the defendant
The
Option are: -
(a) Only
(i) and (iii) are correct
(b) Only
(iii) is correct
(c) Only
(ii) and (iii) are correct
(d) All
(i), (ii) and (iii) are correct
42. The
Specific performance of a contract shall be enforced by the Court subject to
the provisions contained in:
(i)
Section 11(1)
(ii)
Section 14
(iii)
Section 16
(iv)
Section 11(2)
The
options are: -
(a) Only
(i) and (ii) are correct
(b) Only
(i) and (iii) are correct
(c) Only
(ii), (iii) and (iv) are correct
(d) All
(i), (ii), (iii) and (iv) are correct
43.
Which provision deals with substituted performance of contract?
(a)
Section 20
(b)
Section 20A
(c)
Section 20B
(d)
Section 20C
44. When
the defendant invades the plaintiff’s right to property, the court may grant
perpetual injunction. Choose, from the below-mentioned, as to in which all
cases, perpetual injunction as stated above, may be granted: –
(i)
Where the defendant is trustee of the property for the plaintiff
(ii)
Where there exists standard for ascertaining the actual damage caused by the
invasion
(iii)
Where the invasion is such that compensation in money would not afford adequate
relief (iv) Where the injunction is necessary to prevent a multiplicity of
judicial proceedings
The
Options are: -
(a) Only
(i), (iii) and (iv) are correct
(b) Only
(i), (ii) and (iii) are correct
(c) Only
(iii) and (iv) are correct
(d) All
(i), (ii), (iii) and (iv) are correct
THE
HIMACHAL PRADESH COURTS ACT, 1976
45. The
rules regarding petition writers shall be made by the: -
(a)
District judge
(b) High
Court
(c)
Chief Judicial Magistrate
(d)
Supreme Court
46. The
Court of District Judge shall have jurisdiction in all original civil suits,
the value of which does not exceed: -
(a) Ten
Lakh rupees
(b)
Twenty lakh rupees
(c)
Twenty-five lakh rupees
(d)
Thirty lakh rupees
47. The
Superintendent of the District Court shall be appointed by the –
(a)
State Government
(b)
District Judge
(c) High
Court
(d)
Additional District Judge
THE
INDIAN STAMP ACT, 1899
48.
“Execution”, used with reference to instruments, means:
(a)
Signed
(b)
Signature
(c)
Attested
(d)
Registered
49.
Every instrument written in contravention of Section 13 or Section 14 shall be
deemed to be:
(a)
Genuinely stamped
(b)
Partially stamped
(c)
Unstamped
(d)
Either (a) or (b)
50.
Which chapter deals with provisions related to reference and revision?
(a)
Chapter III
(b)
Chapter IV
(c)
Chapter V
(d)
Chapter VI
CIVIL LAW II
THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987
51. As a
general rule, every landlord shall be bound to keep the building or rented land
in good and tenantable repairs. Thus, if the landlord neglects or fails to
make, within a reasonable time after receiving a notice in writing, any repairs
which he is bound to make as aforesaid, the tenant may make the same himself
and deduct the expenses of such repairs from the rent or otherwise recover them
from the landlord. However, the amount so deducted or recoverable in any year
shall not exceed _________ of the rent payable by the tenant for that year.
(a)
One-third
(b)
One-fourth
(c)
One-tenth
(d)
One-twelfth
52. No
court inferior to that of a ______________ shall try any offence punishable
under this Act.
(a)
Magistrate of the First Class
(b)
Chief Judicial Magistrate
(c)
District Judge
(d) High
Court Judge
53. No
court shall take cognizance of an offence punishable under this Act, unless the
complaint in respect of the offence has been made within _________ from the
date of the commission of the offence.
(a)
Three months
(b) Six
months
(c) One
year
(d)
Three years
54. The
term ‘landlord’ is defined under:
(a)
Section 2 (a)
(b)
Section 2 (b)
(c)
Section 2 (c)
(d)
Section 2 (d)
55. The term
‘building’ includes:
(a)
Godowns
(b)
Hotel room
(c)
Hostel of boarding house
(d) All
of the above
THE
LIMITATION ACT, 1963
56. The
limitation period for filing suit for breach of simple contracts is-
(a) 1
year
(b) 3
years
(c) 5
years
(d) 12 years
57. The
Limitation Act came into force on:
(a)
01-12-1963
(b)
01-01-1964
(c)
18-02-1964
(d)
01-06-1964
58. The
period of limitation for filing a suit by a mortgagor to recover possession of
immovable property mortgaged and afterwards transferred by the mortgagee for a
valuable consideration is:
(a) Two
years
(b)
Three years
(c)
Twelve years
(d)
Thirty years
59. The
provision for exclusion in favour of reversioner of servient tenement is
enshrined under:
(a)
Section 24
(b)
Section 25
(c) Section
26
(d)
Section 27
60.
Which section deals with the effect of acknowledgement or payment by another
person?
(a)
Section 20
(b)
Section 22
(c)
Section 23
(d)
Section 24
THE
INDIAN CONTRACT ACT, 1872
61.
“Public Policy is an unruly horse. If it is not properly bridled, then it may
cause fall to the rider. It will carry the rider where one does not know.” This
statement was given by—
(a) Lord
Atkin
(b) Lord
Sumner
(c)
Borough, J.
(d)
Hall, J.
62.
‘Restitution stops where repayment begins.’ This was remarked by Lord Sumner in
the case of—
(a)
Leslie v. Sheill
(b)
Interior’s India Ltd. v. Balmer Lawrie
(c)
Syndicate Bank v. Vijay Kumar
(d)
Richardson v/s Mellish
63. ‘A
Contract on telephone becomes complete at the place where acceptance is heard.’
This was held in the case of—
(a)
Bhagwandas v/s Girdharilal
(b)
Bishamber Nath Agarwal v. Kishan Chand
(c)
Abhishek Kumar v. Mangla Industries
(d)
Satyabrata Ghose v/s Mugneeram
64. In
which case, the Privy Council held that the Indian Contract Act, 1872 is not
complete and exhaustive on contract?
(a)
Irawaddy Flotilla v/s Pragdas
(b)
Johnson v/s. Simpson
(c)
Simpkin v/s Pays
(d)
Jones v/s Padavatton
65. A
‘tender notice’ from Indian Institute of Food Processing Technology on 21-02-
2020 inviting sealed tender for the supply of laboratory equipment for IIFPT,
Thanjavur amounts to-
(a) An
offer
(b) An
invitation to offer
(c) A
contract
(d)
Initially an offer which subsequently ripens into a contract
66. ‘A’
applies to a banker for loan at the time when there is stringency in the money
market. The banker declines to make a loan except at an unusually high rate of
interest. ‘A’ thus accepts the loan on these terms. Answer in the light of
section 16 and 17-
(a) The
contract is induced by section 16 and 17
(b) The
contract is neither induced by section 16 nor by section 17
(c)
There is no concluded contract
(d) Both
(a) and (c)
67.
Section 170 of the Indian Contract Act, deals with----
(a)
Bailor’s General Lien
(b)
Bailee’s Particular lien
(c)
Broker’s lien
(d) None
of the above
68. The
liability of the surety is co-extensive with that of the principal debtor,
unless it is otherwise provided by the contract. This is laid down in—
(a)
Section 125
(b)
Section 126
(c)
Section 127
(d)
Section 128
69. The
principle of delegatus non potest delegare is evident in:
(a)
Section 190
(b)
Section 193
(c)
Section 198
(d)
Section 204
70. The
exception to the rule- a contract is a contract between the parties only and no
third party can sue upon it – is:
(a)
Trust or charge
(b)
Marriage settlement
(c)
Acknowledgment or Estoppel
(d) All
of the above
71. The
legal maxim id certum est quod certum reddi potest relates to----
(a)
Section 23
(b)
Section 24
(c)
Section 28
(d)
Section 29
72. Mark
the correct statement-
(A) In a
contract, rights and obligations are created by parties.
(B) In a
quasi-contract, rights and obligations are created by law.
(C) In
case of breach of contract, specific performance can be granted
(D) In
quasi-contract, rights and obligations depend upon the statutory provisions.
(a) (A)
and (B) are correct
(b) (A),
(B) and (C) are correct
(c) (A),
(C) and (D) are correct
(d) All
(A), (B), (C) and (D) are correct
73.
Dunlop v/s Selfridge is a case on----
(a)
Privity of consideration
(b)
Nudum pactum
(c)
Doctrine of supervening impossibility
(d)
Privity of contract
74. “In
advertisement cases, an offer may be made to the whole world but is becomes a
promise only when it is accepted by any ascertained person?” This was held in
the celebrated judgment of:
(a)
Carlil v/s Carbolic Smoke Ball Co.
(b)
Kabita v. Singh and Company Private Limited
(c)
State of AP v/s Krishna Reddy
(d)
Bhagwan Das v/s Girdhari Lal and Co.
75. “No
consideration, no contract.” Which is not an exception to this principle?
(a)
Natural love and affection (agreement in writing and registered)
(b) Time
barred debt
(c) Past
involuntary services
(d)
Agency
THE
TRANSFER OF PROPERTY ACT, 1882
76.
Actionable claim can be transferred as per the provisions of:
(a)
Section 130
(b)
Section 131
(c)
Section 132
(d)
Section 134
77. The
principle of Spec successions is enunciated in:
(a)
Section 6(a)
(b)
Section 6(c)
(c)
Section 6(dd)
(d)
Section 6(f)
78.
Which clause of Section 6 has been inserted by 1929 Amendment Act?
(a)
Clause (dd)
(b)
Clause (ee)
(c)
Clause (ff)
(d)
Clause (gg)
79.
Which section is based on the English doctrine of cypress?
(a)
Section 24
(b)
Section 26
(c)
Section 28
(d)
Section 29
80.
Which section deals with the Doctrine of Acceleration?
(a)
Section 23
(b)
Section 27
(c)
Section 31
(d)
Section 34
81. The
amendment for substitution of Section 106 was made in the year:
(a) 1929
(b) 2000
(c) 2002
(d) 2006
82.
Whitby vs. Mitchell (1890) contained the rule of:
(a)
Double possibilities
(b)
Election
(c)
Cypres
(d)
Perpetuity
83.
Doctrine of consolidation is contained in:
(a)
Section 61
(b)
Section 62
(c)
Section 63
(d)
Section 64
84. The
right of a person to stand in the place of a creditor after paying off his
liabilities is known as:
(a)
Marshalling
(b)
Contribution
(c)
Tacking
(d)
Subrogation
85.
Section 98 deals with the rights and liabilities of parties to:
(a)
Simple mortgage
(b)
English mortgage
(c)
Mortgage by conditional sale
(d)
Anomalous mortgage
86. Once
a mortgage, always a mortgage, was held in the case of:
(a)
Noakes vs. Rice
(b) TG
Ashok Kumar vs. Govindammal
(c)
Abdul Aziz vs. District Judge
(d) All
of the above
87.
Section 48 is based on which legal maxim?
(a) Bona
Vacantia
(b) Rex
Non Potest Peccare
(c) Nolo
Contendere
(d) Qui
Prior Est Tempore Potior Est Jure
88. A
lease of immovable property for manufacturing purposes shall be deemed to be a
lease from year to year, terminable by:
(a) One
months’ notice
(b)
Three months’ notice
(c) Six
months’ notice
(d)
Twelve months’ notice
89.
Which Section deals with appointment of receiver?
(a)
Section 67A
(b)
Section 69A
(c)
Section 135A
(d) None
of the above
90.
Doctrine of Subrogation applies to:
(a) Sale
(b)
Lease
(c)
Mortgage
(d)
Gifts
HINDU
LAWS
91.
Which Section of the Hindu Succession Act deals with the devolution of interest
in coparcenary property?
(a)
Section 6
(b)
Section 7
(c)
Section 8
(d)
Section 10
92. If
the adoption is by a female and the person to be adopted is a male, the
adoptive Mother should be at least _______ older to the person to be adopted.
(a) Ten
years
(b)
Twelve and a half years
(c)
Twenty-one years
(d) No
such age limit is prescribed
93.
Desertion, to qualify as a ground for divorce, should be for a continuous
period of not less than ____________ immediately preceding the presentation of
the petition.
(a) Six
months
(b) One
year
(c)
Eighteen months
(d) Two
years
94.
According to Section 8, the State Government may make rules relating to manner
and subject to conditions prescribed in Hindu Marriage Register for the
registration of marriages. What is the consequence if there is an omission in
making such entry of marriage in the register?
(a)
Marriage remains valid
(b) Marriage
becomes voidable at the option of the bridegroom
(c)
Marriage becomes voidable at the option of the bride
(d)
Marriage is voidable at the instance of either party
95.
According to Section 14 (putting exceptional circumstances apart) as a general
rule, it shall not be competent for any Court to entertain a petition for
dissolution of marriage by a decree of divorce within–
(a) One
month of marriage
(b) Six
months of marriage
(c) One
year of marriage
(d) Time
is decided according to facts of the case
96. In
1947, the Hindu Code was drafted by:
(a) Rau
Committee
(b)
Chettiar Committee
(c)
Stephen Committee
(d)
Ashok Mehta Committee
97.
Barrenness of a woman is a ground for declaring the marriage as–
(a)
Voidable
(b) Void
(c)
Either (a) or (b)
(d)
Neither (a) nor (b)
98. No
person shall receive any payment in consideration of the adoption. Whoever
receives the same is liable to–
(a)
Punishment with imprisonment which may extend to one month or with fine which
may extend to Rs. 500 or with both
(b) Punishment
with imprisonment upto one month
(c)
Punishment with imprisonment upto three months
(d)
Punishment with imprisonment which may extend to six months or with fine or
with both
99. The
“Mitakshara School” owes its origin from the name of a Commentary written by —
(a)
Vijnaneshwara
(b)
Jimutavahana
(c) Manu
(d) None
of the Above
100.
Under Section 16 of Hindu Adoption and Maintenance Act, the presumption as to a
registered document relating to an adoption is —
(a)
Rebuttable Presumption of law
(b)
Irrebuttable Presumption
(c)
Presumption of fact
(d)
Conclusive Proof
CRIMINAL
LAW
THE
HIMACHAL PRADESH EXCISE ACT, 2011
101. The
observance of dry days is approved by
(a)
State Government
(b)
State Election Commission
(c)
Election Commission of India
(d) All
of the above are correct
102. The
‘permit’ is issued by
(a)
District Magistrate
(b)
Collector
(c)
Chief Judicial Magistrate having jurisdiction of the area where the liquid vend
is situated
(d)
Registrar of the High Court
103.
Medicinal preparations and toilet preparations shall have the same meaning as
assigned to them under:
(a)
Sanitation and Medicinal Preparations (Excise Duties) Act, 1955
(b)
Medicinal and Toilet Preparations (Excise Duties) Act, 1955
(c)
Sanitation and Medical Preparations (Excise Duties) Act, 1955
(d) None
of the above
104. The
powers of Magistrate to issue search warrant for search or arrest is given
under
(a)
Section 11
(b)
Section 14
(c)
Section 23
(d)
Section 38
105. The
right of manufacturing or of supplying by wholesale (or of both) of any foreign
liquor may be given to any competent person by the:
(a)
District Magistrate
(b)
State Government
(c)
Collector
(d)
Central Government
THE
WILD LIFE (PROTECTION) ACT, 1972
106.
National Board for Wild Life is constituted under
(a) Section
4A
(b)
Section 5A
(c)
Section 6A
(d)
Section 8A
107. The
State Board for Wild Life shall meet at least ________ a year
(a) Once
(b)
Twice
(c)
Thrice
(d) Five
times
108.
Which section contains the provisions related to Tiger Conservation Plan?
(a)
Section 38 T
(b)
Section 38 U
(c)
Section 38 V
(d)
Section 38 X
109. An
appeal from an order refusing to grant or renew a license under Section 44 or
an order suspending or cancelling a license under Section 45, if the order is
made by the authorized officer, shall lie to the:
(a)
Chief Wild Life Warden
(b) Wild
Life Warden
(c)
State Government
(d)
Central Wild Life Committee
110. The
term ‘Taxidermy’ is dealt under
(a)
Section 2 (30)
(b)
Section 2 (31)
(c)
Section 2 (32)
(d)
Section 2 (34)
THE
INDIAN FOREST ACT, 1927
111. The
Act consists of
(a) XI
Chapters
(b) XII
Chapters
(c) XIII
Chapters
(d) XV
Chapters
112.
Formation of village forest may be assigned by the:
(a)
Central Government
(b)
Chief Forest in charge
(c)
Village Patel
(d)
State Government
113. The
term ‘cattle’ is defined under
(a)
Section 2(1)
(b)
Section 2(2)
(c)
Section 2(4)
(d)
Section 2(6)
114.
Which Section empowers the State Government to reserve forests?
(a)
Section 3
(b)
Section 4
(c)
Section 6
(d)
Section 9
115.
Which Section deals with the provision for Revision?
(a)
Section 58
(b)
Section 59
(c)
Section 59A
(d)
Section 59B
THE
NEGOTIABLE INSTRUMENTS ACT, 1881
116.
Summary trials, as under Section 143, shall be concluded within ________ of
filing of the complaint
(a)
Three Months
(b) Six Months
(c) Nine
Months
(d)
Twelve Months
117.
Which section deals with the offences by companies?
(a)
Section 139
(b)
Section 140
(c)
Section 141
(d)
Section 142
118.
Section 142(2) has been inserted by:
(a) Act
26 of 2002
(b) Act
26 of 2013
(c) Act
26 of 2015
(d) Act
28 of 2018
119.
Chapter________ deals with penalties in case of dishonour of certain cheques
for insufficiency of funds in the accounts
(a)
Chapter XVI
(b)
Chapter XVII
(c)
Chapter XVIII
(d)
Chapter XIX
120.
Which section deals with the rules regarding cognizance of offences?
(a)
Section 141
(b)
Section 142
(c)
Section 142A
(d)
Section 143
THE
CODE OF CRIMINAL PROCEDURE, 1973
121.
“Bench-hunting” refers to the process where:
(a) An
applicant for bail, after his application having been either rejected or having
got withdrawn as not pressed, moves it before another bench and gets the bail
even when the Bench before which it came first, is available
(b) An
applicant for bail, after his application having been either rejected or having
got withdrawn as not pressed, moves it before another bench gets the bail when
the bench before which it came first, is unavailable
(c) An
applicant for anticipatory bail only, after his application having been either
rejected or having got withdrawn as not pressed, moves it before another bench
and gets the bail even when the Bench before which it came first, is available
(d) An applicant for bail, after his
application having been either rejected or having got withdrawn as not pressed,
moves it before same Bench again and gets favourable orders
122. The
Chief Judicial Magistrate or the Metropolitan Magistrate may tender pardon to
an accomplice at the stage of:
(i)
Investigation
(ii)
Inquiry
(iii)
Trial
The
correct option is:
(a) (i),
(ii) and (iii)
(b) Only
(iii)
(c) Only
(ii)
(d) Only
(ii) and (iii)
123. The
declaration of forfeiture may be set-aside by the High Court, as provided under
Section 96 of the Code. Within what time period, an application to set aside
such declaration of forfeiture can be made?
(a)
Within a month from the date of publication in the Official Gazette
(b)
Within two months from the date of publication in the Official Gazette
(c)
Within three months from the date of publication in the Official Gazette
(d)
Within six months from the date of publication in the Official Gazette
124. Who
is empowered to command for the dispersal of any unlawful assembly?
(a)
Executive Magistrate or Judicial Magistrate
(b)
Executive Magistrate or Officer in-charge of police station
(c)
Judicial Magistrate or Officer-in-charge of police station
(d) All
of the above
125. Who
is empowered to make an order under Section 133 of the Code?
(i)
District Magistrate
(ii)
Sub-divisional Magistrate
(iii) Judicial Magistrate First Class
(iv)
Judicial Magistrate Second Class if specifically, empowered
(v)
Chief Judicial Magistrate in exceptional cases
(a) (i)
and (ii) only
(b) (i),
(ii), (iii) only
(c) (i),
(ii), (iii), (iv) only
(d) (i),
(ii), (v) only
126. The
conditional order made under Section 133 may require the person causing
nuisance to remove such nuisance. Now if the person does not remove such
nuisance within the time and in the manner specified in the order, he shall be
liable to penalty prescribed in that behalf under
(a)
Section 185 of the Indian Penal Code, 1860
(b)
Section 186 of the Indian Penal Code, 1860
(c)
Section 187 of the Indian Penal Code, 1860
(d)
Section 188 of the Indian Penal Code, 1860
127. The
District Magistrate is empowered to issue a public notice in order to prohibit
carrying arms in procession or mass drill or mass training with arms. Such
public notice shall remain in force for not more than___________ from the date
on which it is issued.
(a) One
month
(b)
Three months
(c) Six
months
(d)
Twelve months
128.
Non-compliance with the provision of Section 160 attracts the provision
enshrined under which Section of the Indian Penal Code, 1860?
(a)
Section 174
(b)
Section 177
(c)
Section 179
(d)
Section 186
129.
Medical examination of the victim of rape is conducted by virtue of provisions
of:
(a)
Section 53
(b)
Section 53A
(c)
Section 54A
(d)
Section 164A
130.
Section 173(1A) states that the investigation in relation to an offence under
Section 376 shall be completed within______ from the date on which the
information was recorded by the officer in-charge of the police station.
(a) One
month
(b) Two
months
(c)
Twelve months
(d)
Three months
131.
Assertion
(A): Bail, not
jail, is the general rule in bailable offences in India
Reason
(R): Personal
liberty is the most cherished right of a human being Codes:
(a) Both
A and R are individually true and R is the correct explanation of A
(b) Both
A and R are individually true but R is not the correct explanation of A
(c) A is
true and R is false
(d) A is
false and R is true
132.
Section 2 (wa) states that victim includes the guardian or legal heir of such
victim and this definition has been inserted by:
(a) 2000
Amendment
(b) 2003
Amendment
(c) 2009
Amendment
(d) 2013
Amendment
133.
Under Section 308, 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) High
Court
(b)
Sessions Court
(c)
State Government
(d)
Either (a) or (b) or (c)
134. The
Court of Session cannot take cognizance of an offence under Section 199(2) if
the complaint is made beyond_______ from the date on which the offence is
alleged to have been committed.
(a) One
month
(b) Two
months
(c) Six
months
(d) One
year
135. The
bond under Section 109 as security for good behaviour from suspected person can
be executed for a period not exceeding–
(a)
Three months
(b) One
year
(c) Two
years
(d)
Three years
THE
INDIAN PENAL CODE, 1860
136.
Section 498 A, added by Amendment in the year 1983, deals with the offence of
cruelty towards the woman by husband or his relative. Here, cruelty includes:
(a)
Wilful conduct which is likely to drive the woman to commit suicide
(b)
Harassment of a woman in order to coerce her to meet any unlawful demand for
valuable security
(c)
Harassment of the woman due to her failure to meet any demand for any property
(d) All
of the above
137.
Chapter V-A of the Penal Code contains the provisions which have been inserted
vide Indian Criminal Law Amendment Act in the year.
(a) 1913
(b) 1916
(c) 1918
(d) 1926
138.
Section 5 is a saving clause to Section 2. The said saving clause has its basis
on the legal maxim
(a)
Generalia Specialibus Non Derogant
(b) De
Minimus Non Curat Lex
(c) Actus Non Facit Reum Nisi Mens Sit Rea
(d)
Actus Ne Invito Factus Est Nisi Actus
139.
Which provision of the Code makes water pollution punishable?
(a)
Section 275
(b)
Section 276
(c)
Section 277
(d)
Section 278
140. The
maxim non compos mentis means:
(a) A
child under 7 years of age
(b) A
person of unsound mind
(c) A
person whom has drunk voluntarily
(d) A
person of tender age 141. ‘A’ instigates ‘B’ to murder ‘C’.
‘B’ refuses to do so. ‘A’ is guilty of:
(a) No
offence
(b)
Offence of criminal conspiracy
(c)
Offence of commit murder
(d)
Offence of abetment to commit murder
142. The
act of voluntarily throwing acid or attempting to throw acid is punishable
under:
(a)
Section 100 (7)
(b)
Section 326A
(c)
Section 326B
(d) All
of the above
143.
Generally, preparation to commit an offence is not punishable, except certain
exceptions. Which of the following Sections (s) provides for punishment even at
the stage of preparation?
(a)
Section 122
(b)
Section 126 and 351
(c)
Section 399
(d) All
of the above are correct
144.
Mark the correct statement with respect to Section 21: -
Public
servant includes:
(a)
Every Commissioned Officer in the Military, Naval or Air Forces of India
(b)
Every juryman, assessor or member of a panchayat assisting a Court of Justice
or public servant
(c) A
Municipal Commissioner
(d) All
of the above are correct
145. The
word ‘illegal’ is applicable to everything which is an offence or which is
prohibited by law or which furnishes ground for a civil action. The aforesaid
definition of ‘illegal’ is given under
(a)
Section 42
(b)
Section 43
(c)
Section 44
(d)
Section 45
146. The
following sections in the Code deal with joint or constructive liability–
(i)
Section 34 to 38
(ii)
Section 149
(iii)
Section 396
(iv)
Section 460
Choose
the most appropriate option:
(a) Only
(i) and (ii) are correct
(b) Only
(i), (ii) and (iii) are correct
(c) Only
(i) and (iv) are correct
(d) All
(i), (ii), (iii), (iv) are correct
147.
Which provision of the code make punishable the offence of forgery for the
purpose of cheating?
(a)
Section 463
(b)
Section 464
(c)
Section 466
(d)
Section 468
148. Unlawful
compulsory labour is made punishable under:
(a)
Section 371
(b)
Section 372
(c)
Section 373
(d)
Section 374
149.
Which of the following provision of Indian Penal Code, 1860 deals with the
offence of “Disturbing religious assembly” —
(a)
Section 295 of IPC, 1860
(b)
Section 296 of IPC, 1860
(c)
Section 297 of IPC, 1860
(d)
Section 298 of IPC, 1860
150. In
Which of the following case Supreme Court held that, while convicting accused
by altering charge from Section 149 IPC to Section 34 IPC, their common
Intention should be proved.
(a)
Anamika V. Union of India and Ors.
(b)
Satish Chandra Ratanlal Shah V. State of Gujarat
(c)
Anagha Hitesh Arya V. The State of Maharashtra.
(d) Mala
Singh and Ors V. State of Haryana.
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