Himachal Pradesh Judicial Service Preliminary Exam 2013 2
Himachal Pradesh Judicial Service Preliminary Exam 2013 2
1
MAANSAROVAR LAW CENTRE
6. Under Section 110 of the Indian Evidence Act, 1872 possession denotes: the
term
(a) Actual present possession
(b) Juridical possession
(c) Symbolic possession
(d) All of the above
7. The Criminal Law (Amendment) Act. 2005 amended
(a) Section 73A of the Indian Evidence Act, 1872
(b) Section 154 of the Indian Evidence Act,1872
(c) Section 22A of the Indian Evidenced 1872
(d) Section 47A of the Indian Evidence Act,1872
8. From presumption an inference may be drawn which may be:
(a) affirmative only
(b) disaffirmative only
(c) affirmative or disaffirmative
(d) none of these
9. Estoppel can be by:
(a) attestation
(b) recital in deed
(c) standing by
(d) all of these
10. Exceptions to the rule against admissibility of hearsay evidence are
provided:
(a) Under Section 6 of the Indian Evidence Act, 1872
(b) Under Section 32 of the Indian Evidence Act, 1872
(c) Under Section 34 of the Indian Evidence Act, 1872
(d) All of the above
11. 'Presumption of surviorship' is contained in:
(a) Section 106 of the Indian Evidence Act, 1872
(b) Section 107 of the Indian Evidence Act, 1872
(c) Section 108 of the Indian Evidence Act, 1872
(d) Section 109 of the Indian Evidence Ad, 1872
2
MAANSAROVAR LAW CENTRE
12. Section 114, illustration (g) of the Indian Evidence Act, 1872 refers to the
presumption as to:
(a) common course of business
(b) arising from withholding evidence
(c) regarding bill of exchange
(d) continuity of things
13. Under the Himachal Pradesh Courts Act. 1976 the State Government may
fix the number of Civil Judges to be appointed after consultation with the:
(a) Governor
(b) High Court
(c) Central Government
(d) President of India
14. Under the Himachal Pradesh Courts Act, 1976, who prepares a list of
holidays to be observed in each year in Civil Courts?
(a) State Government
(b) Central Government
(c) High Court
(d) Governor
15. Under the Indian Stamp Act, 1899 'stamp' means any:
(a) mark
(b) seal
(c) endorsement
(d) all of these
16. Under Section 72 of the Indian Stamp Act, 1899, the offence committed in
respect of any instrument may be tried in:
(a) any district in which such instrument is found
(b) anywhere in the state
(c) anywhere in India
(d) none of the above
17. Under the Indian Stamp Act, 1899, the Government may reduce duties:
(a) Prospectively only
(b) Retrospectively only
(c) Prospectively or retrospectively
3
MAANSAROVAR LAW CENTRE
(c) Section 4
(d) Section 5
24. Under Section 26 of the Specific Relief Act, 1963 for rectification of
instruments on the ground of fraud or mutual mistake, the time limit for
discovery of fraud or mutual mistake is:
(a) three months
(b) six months
(c) one year
(d) no time limit is fixed
25. A mandatory injunction in the nature is:
(a) restitutory only
(b) prohibitory only
(c) both restitutory and prohibitory
(d) none of the above
26. An injunction cannot be granted:
(a) When the plaintiff has no personal interest in the matter
(b) To prevent the breach of a contract the performance of which would not be
specifically enforced
(c) To prevent a continuing breach in which the plaintiff has acquiesced
(d) All of the above
27. Provisions regarding, 'the persons who may obtain specific performance are
specified in:
(a) Section 14 of the Specific Relief Act, 1963
(b) Section 15 of the Specific Relief Act, 1963
(c) Section 16 of the Specific Relief Act, 1963
(d) Section 17 of the Specific Relief Act, 1963
28. The suit for recovery of possession of an immovable property under Section
6 of Specific Reiter Act can be filed against:
(a) A private individual
(b) The Government
(c) Private individual and the Government
(d) None of the above
5
MAANSAROVAR LAW CENTRE
29. An order or decree passed under Section 6 of the Specific Relief Act is:
(a) appealable
(b) reviewable
(c) neither appealable nor reviewable
(d) appealable and reviewable
30. Section 12(2) of the Specific Relief Act applies where the part which
remains unperformed, of the contract is:
(a) small
(b) large
(c) considerable
(d) all of these
31. Which of the following is not a suit of civil nature?
(a) suit relating to right of worship
(b) suit relating to taking out of religious procession
(c) suit against expulsions from caste
(d) suit for right to hereditary office
32. Preliminary decree can be passed in a suit for:
(a) pre-emption
(b) sale of mortgaged property
(c) redemption of a mortgage
(d) all of the above
33. Decision which is not a decree?
(a) order of abatement of suit
(b) dismissal of appeal as time barred
(c) order granting interim relief
(d) rejection of plaint for non-payment of court fee
34. In the case of 'res sub judice' under Section 10 of the Code of Civil
Procedure, the court can:
(a) pass interim orders
(b) grant of injunction
(c) appoint a receiver
(d) all of the above
6
MAANSAROVAR LAW CENTRE
7
MAANSAROVAR LAW CENTRE
40. In the Code of Civil Procedure, Section 35B added by the Amendment Act
of 1976 providing:
(a) compensatory costs
(b) costs for causing delay
(c) general costs
(d) miscellaneous costs
41. For an interpleader suit' which of the following conditions is not necessary?
(a) There must be some debt or the property in dispute
(b) Two or more persons claiming the debt or the property in dispute adversely to one
another
(c) There must be suit pending wherein the rights of rival claimants for the debt or
the property in dispute can be properly adjudicated
(d) All of the above
42. The provisions regarding 'friendly suits' are
(a) Section 90, Order 36 of the Code of Civil Procedure
(b) Section 88, Order 35 of the Code of Civil Procedure
(c) Order 34 of the Code of Civil Procedure
(d) Order 33 of the Code of Civil Procedure
43. Mark the incorrect statement:
(a) A decree can only be passed in a suit. while an order may arise from a proceeding
commenced by a petition or an application
(b) A decree is an adjudication conclusively determines the rights of the parties with
regard to all or any of the matters in controversy, an order may or may not finally
determines such rights
(c) Both decree and order may be preliminary
(d) None of the above
44. An order or direction given by the court which passed the decree to a court
which would be competent to execute the decree, to attach any property
belonging to the judgement debtor, is called:
(a) precept
(b) garnishee order
(c) interlocutory order
(d) simultaneous execution
8
MAANSAROVAR LAW CENTRE
9
MAANSAROVAR LAW CENTRE
51. Match List I with List II and select the correct answer by using the codes
given below:
List I
(a) Fazaluddin v. Panchu Das
(b) Ghazaibad Development Authority v. Union of India
(c) Union of India v. Radha Kissan Agarwala
(d) Lakshmi Amma v. Telengala Narayana Bhatt
List II
(i) Undue influence
(ii) Contract by performance
(iii) Consideration
(iv) Breach of Contract of Damages
(a) (b) (c) (d)
(a) i iii iv ii
(b) iii iv ii i
(c) ii iii iv i
(d) iv ii i iii
52. In which of the following cases, the Supreme Court held that "In order to
create a contract, acceptance of an offer and intimation of acceptance by some
external manifestation, which the law regards as sufficient is necessary."?
(a) Fazaluddin v. Panchu Das
(b) Subhas Chandra Das Musahib v. Ganga Prasad Das
(c) Jawahar Lal v. Union of India
(d) Bhagwan Das v. Girdhari Lai & Co.
53. Match the List I with List Il and select the correct answer with the help of
codes given below:
List I
(a) Contingent Contract
(b) Wagering Contract
(c) Restrain from trade or business
(d) Agreement without consideration
List II
(i) Section 30, Contract Act
10
MAANSAROVAR LAW CENTRE
11
MAANSAROVAR LAW CENTRE
(b) can sue any one of them to the extent of his share in the joint promisce
(c) both (a) and (b)
(d) cannot sue any single promise
59. Rescission of the contract means:
(a) the renewal of original contract
(b) cancellation of contract
(c) alteration of contract
(d) substitution of old contract with a new one
60. The law relating to tender of performance laid down in:
(a) Section 37
(b) Section 35
(c) Section 38
(d) Section 36
61. The Amendment of Transfer of Property Act 1982 in the year 2002 effective
from:
(a) 31st December, 2002
(b) 1st July, 2002
(c) 30th October, 2002
(d) 2nd July, 2002
62. In which of the following case, the Supreme Court held the Doctrine of a
clog on the equity of redemption is a rule of justice, equality and good
consciences?
(a) Apte v. Price
(b) Murari Lai v. Dev Karan
(c) Banarsi Lat v. Puran Chand
(d) None of the above
63. The onerous given is dealt in:
(a) Section 127 ΤΡΑ
(b) Section 126 ТРА
(c) Section 125 ТРА
(d) Section 128 ΤΡΑ
12
MAANSAROVAR LAW CENTRE
64. Match List I with List II and select the correct answer by using the codes
given below:
List I
(a) Amiratham Kundumbah
(b) Asad Ali v. Haider All
(c) Nagrathnambe v. Ramayya
(d) Abdul Gaoor v. Abdul Razak
List II
(i) Spes-Successions
(ii) Transfer for unlawful purpose
(iii) Mere right to sue
(iv) Right of future maintenance
Codes:
(a) (b) (c) (d)
(a) ii iii i iv
(b) iii ii iv i
(c) i iii iv ii
(d) iii iv ii i
65. Assertion (A): Where immovable property of one person is by an act of
parties made security for payment of money to another and the transaction
does not amount to Mortgage, the later person is said to have a charge on the
property.
Reason (R): Any contract in respect of immovable property, of itself, creates a
charge on such property.
Codes:
(a) Both (a) and (R) are true and (R) is correct explanation of (a)
(b) Both (a) and (R) are true and (R) is not correct explanation of (a)
(c) (a) is true but (R) is false
(d) (a) is false but (R) is true
66. 'A' says to 'B' that he will give a sum of rupees if B marries his daughter.
This Is:
(a) Vested Right
(b) Primary Right
(c) Contingent Right
13
MAANSAROVAR LAW CENTRE
14
MAANSAROVAR LAW CENTRE
72. The case of 'Madan Mohan & Another v. Krishan Kumar Sood' is related
with:
(a) Section 14
(b) Section 20
(c) Section 22
(d) Section 26
73. Under this Act, no landlord shall claim or receive any rent in excess the:
(a) Future Rent
(b) Previous Rent
(c) Fair Rent
(d) All of these
74. If any person contravenes any of the provisions of Clause (a) of Section 7
or Section 8, he shall be punishable with imprisonment which may extend to:
(a) 2 years and with fine
(b) 2 years only
(c) Fine only
(d) None of these
75. A landlord who seeks to evict his tenant shall apply to the:
(a) Commissioner
(b) State Governor
(c) Minister
(d) Controller
76. Under Section 11, 'essential supply or service includes supply:
(a) Water
(b) Electricity
(c) Sanitation
(d) All of these
77. Section 17 of H.P.U.R.C. Act relates to:
(a) Leases of vacant building
(b) Penalties
(c) Execution of orders
(d) Recovery of possession
15
MAANSAROVAR LAW CENTRE
16
MAANSAROVAR LAW CENTRE
83. Which Law Commission Report on the HMA and the Special Marriage Act
recommended the establishment of Family Courts?
(a) 54th Law Commission Report, 1964
(b) 59th Law Commission Report, 1974
(c) 59th Commission Report, 1956
(d) 54th Commission Report, 1974
84. "SALUS POPULI SUPREMA LEX means:
(a) The Welfare of the people is the Supreme Law
(b) Public Opinion is Supreme over law
(c) Public Opinion is Supreme over law
(d) None of the above
85. Which of the following is the first report by Law Commission of India on
"Irretrievable breakdown of marriage" as a ground divorce?
(a) 51st Report
(b) 71st Report
(c) 215th Report
(d) 217th Report
86. Who among the following is not a class-1 heir?
(a) Brother
(b) Daughter of a pre-deceased daughter
(c) Daughter of a pre-deceased son
(d) Son of pre-deceased son
87. Which of the following Sections of the Hindu Marriage Act was challenged
in the case of Laxmi Amu Ramaswami Naicker?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13
88. Match the List I with List II with the help of codes below:
List I
(a) Sadhu Singh v. Gurdwasa Naiske, AIR 2006 SC 3282
(b) T. Shiv Kumar v. Inspector of Thimvaalur (2011) 5 СТС, 689
(c) Ramkali v. Malila Shyam Wati, AIR2000 MP 288
17
MAANSAROVAR LAW CENTRE
18
MAANSAROVAR LAW CENTRE
(a) Both (a) and (R) are true and (R) is correct explanation of (a)
(b) Both (a) and (R) are true but (R) is not correct explanation of (a)
(c) (a) is true but (R) is false
(d) (a) is false but (R) is true
92. Assertion (a): Section 5 of Limitation Act 1963 empowers the Court to admit
a suit after the prescribed period if the plaintiff satisfies the Court that he had
sufficient cause for not instituting the suit.
Reason (R): Even an appeal may be admitted after the prescribed period if the
appellant shows sufficient cause for not preferring the appeal within the
prescribed period.
Codes:
(a) Both (a) and (R) are true and (R) is correct explanation of (a)
(b) Both (a) and (R) are true but (R) is not correct explanation of (a)
(c) (a) is true but (R) is false
(d) (a) is false but (R) is true
93. For the purpose of Limitation Act. 1963. which of the following claim(s)
shall be treated as a separate suit?
(a) Set-off
(b) Counter-claim
(c) Both (a) and (b)
(d) None of these
94. The period of Limitation for filing cross objection would start from the date
of appearance of the:
(a) Counsel
(b) Assistant Counsel
(c) By filing application
(d) None of these
95. Assertion (a): The Maxim "Lex non Cogit and Impossibilia", does not prevail
against express provision of Section 3 of Limitation Act.
Reason (R): Principle of equity cannot prevail against the Statutory Law.
Codes:
(a) Both (a) and (R) are true and (R) is correct explanation of (a)
(b) Both (a) and (R) are true but (R) is not correct explanation of (a)
(c) (a) is true but (R) is false
19
MAANSAROVAR LAW CENTRE
20
MAANSAROVAR LAW CENTRE
21
MAANSAROVAR LAW CENTRE
22
MAANSAROVAR LAW CENTRE
112. Habitat does not include under the Wild-life (Protection) Act, 1972:
(a) Land
(b) Water
(c) Vegetation.
(d) Botanical garden
113. Which one of the following Sections deals with constitution of the National
Board for Wild-life?
(a) Section 5, the Wild-life (Protection) Act
(b) Section 5A, the Wild-life (Protection) Act
(c) Section 5B, the Wild-life (Protection) Act
(d) Section 5C, the Wild-life (Protection) Act
114. Which one of the following duties is not duty of we wild-life Advisory Board
under the wild life (Protection) Act, 1972?
(a) to advice the State Government in the selection and management of areas to be
declared as protected areas.
(b) to advice the State Government in formulation of the policy of protection and
conservation of wild-life and specific plant
(c) to advice the State Government in enacting a new legislation
(d) to advice the State Government in relation to the measures to be taken for
harmonizing the needs of the tribals
115. Which one of the following Sections provides provisions relating to
hunting of wild animals to be permitted in certain cases under the Wild life
(Protection) Act?
(a) Section 9
(b) Section 11
(c) Section 17A
(d) Section 17B
116. Which one of the following is not included within the meaning of 'tree'
under the Indian Forest Act, 1927?
(a) Palms
(b) Bamboos
(c) Canes
(d) Neems
23
MAANSAROVAR LAW CENTRE
117. 'River' does not include within its meaning under the Indian Forest Act.
1927.
(a) Ponds
(b) Stream
(c) Canal
(d) Creek
118. Which one of the following Sections of the Indian Forest Act, 1927, deals
with powers of the Forest Settlement Officer?
(a) Section 7
(b) Section 8
(c) Section 9
(d) Section 10
119. Which one of the following acts is not prohibited under Section 26 of the
Indian Forest Act, 1927?
(a) sets fire to a reserved forest
(b) trespasses or pastures cattle
(c) clears or breaks up any land for cultivation
(d) the exercise of any right continued under Clause (c) of Sub-section (2) of Section
15
120. Formation of 'Village-Forest' is provided under:
(a) The Chapter II of the Indian Forest Act
(b) The Chapter III of the Indian Forest Act
(c) The Chapter IV of the Indian Forest Act
(d) The Chapter V of the Indian Forest Act
121. Who can review the application disposed of, by any Excise under Clause
of section 15, The Punjab Excise Act, 1914?
(a) Excise Commissioner
(b) Collector
(c) Excise Minister
(d) Sub-divisional Officer of the division
122. Who for a licence of empowerture of Excisable Article under Section 27 of
the Punjab Act, 1914?
(a) Collector
(b) Excise Commissioner
24
MAANSAROVAR LAW CENTRE
128. Which one of the following Sections of the Negotiable Instrument Act
empowers to the Judicial Magistrate of the First Class or Metropolitan
Magistrate to try the offence relating to dishonour of cheque for insufficiency
etc.?
(a) Section 143(1)
(b) Section 143(2)
(c) Section 143(3)
(d) Section 143(4)
129. Written complaint should be made to the court from the date of cause of
action, within a period of:
(a) 30 days
(b) 45 days
(c) 60 days
(d) 90 days
130. Which one of the following Sections of the Negotiable Instrument Act,
1881. deals with offence committed by a company under Section 138?
(a) Section 139
(b) Section 140
(c) Section 141
(d) Section 142
131. 'A', who is citizen of India, commits a murder in 'Uganda'. 'A' can be tried
and convicted murder in:
(a) any place in India in which he may be found
(b) Uganda only
(c) India or Uganda, as decided by 'A', to be tried
(d) any place in the world in which he is be found except India or Uganda
132. In context to the Indian Penal Code, 1860'India means:
(a) Union of States
(b) Confederation of States
(c) The territory of India excluding the State of Jammu and Kashmir
(d) 'Bharat only
133. Which one of the following statements is not document?
(a) A cheque upon a banker is a document
(b) A power-of-attomey is a document
26
MAANSAROVAR LAW CENTRE
139. 'A' Incites a dog to spring upon Z, without Z's consent with intention to
muse injury, fear or annoyance to Z. A has committed:
(a) an offence of assault
(b) criminal intimidation
(c) use of criminal force
(d) no offence
140. 'A' for the purpose of inducing 'B' to desist from prosecuting a civil suit.
threatens to burn B's house, 'A' is guilty of:
(a) threat to mischief
(b) attempt to extortion
(c) criminal intimidation
(d) no offence
141. An imputation in the form of alternative or expressed ironically, may:
(a) amount to defamation
(b) not amount to defamation
(c) amount to outrage the modesty if intended to woman
(d) neither defamation nor outrage the modesty
142. Whenever force or violence is used by an unlawful assembly or by member
of such assembly is guilty of:
(a) affray
(b) rioting
(c) unlawful assembly only
(d) no offence
143. 'Z' threats 'A' to kill under the influence of madness. 'A' has:
(a) the same right of private defence which he would have if 'Z' were sane
(b) no right of private defence against Z because 'Z' was under the influence of
madness
(c) no right of private defence because 'A' has time to have recourse to the protection
of the public authority
(d) no right of private defence because an act of insane is not an offence
144. A shakes his fist at 'Z', intending or knowing it to be likely that he may
thereby cause 'Z' to believe that 'A' is about to strike 'Z'. 'A' has committed:
(a) use of criminal force
(b) no offence
28
MAANSAROVAR LAW CENTRE
(c) an assault
(d) an attempt to cause hurt
145. 'A' places men with firearms at the outlets of a building and tells 'Z' that
they will fire at 'Z', if 'Z' attempts to leave the building. 'A' has committed:
(a) wrongful restrain
(b) use of criminal force
(c) wrongful confinement
(d) no offence
146. Which one the following statement is not correct?
(a) Bailable offence means an offence which is shown as bailable in the first schedule
of the Code of Criminal Procedure, 1973
(b) Bailable offence means an offence which is made bailable by any other law for the
time being in force
(c) Non-bailable offence means any other offence which is not bailable
(d) Police may not arrest without warrant to an accused of bailable offence in all the
situations
147. Find out the correct statement:
(a) Investigation is conducted by a Magistrate only
(b) Investigation is conducted by the Court of Law only
(c) Investigation is conducted either by Court or by a Magistrate or both
(d) Investigation is conducted by a police officer or by any person (other than
Magistrate) who is authorised by Magistrate in this behalf
148. Complaint' means:
(a) any allegation made orally or in writing to a police officer
(b) any allegation made orally or in writing to a Magistrate to take action against
known or unknown person who has committed an offence
(c) Police Report
(d) Charge
149. Which one of the following sentences may be passed by the Court of a
Chief Judicial Magistrate?
(a) a sentence of death or of imprisonment for life
(b) a sentence of imprisonment for life or of imprisomnent for a term exceeding ten
years
(c) any sentence authorised by law except a sentence of death or of imprisonment for
life or of imprisonment for a term exceeding seven years
29
MAANSAROVAR LAW CENTRE
30