Himachal Pradesh Judicial Service Preliminary Exam 2014
Himachal Pradesh Judicial Service Preliminary Exam 2014
(c) Section 81
(d) Section 85
7. Which of the following sections of the Indian Evidence Act deals only civil
cases?
(a) Section 20
(b) Section 21
(c) Section 22
(d) Section 23
8. What is not correct regarding 'admission'?
(a) Admission may be documentary
(b) All confessions are admissions but all admissions are not confessions
(c) Admission relates to a civil transaction only.
(d) Admission may be proved against the representative in interest of the marker
9. The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 related to:
(a) Identification parades
(b) Dying declaration
(c) Documentary evidence
(d) Burden of proof
10. What is correct in reference to dying declaration?
(a) It is a weaker kind of evidence
(b) It cannot form basis of conviction without corrobation
(c) It stands on the same footing as other types of evidence
(d) It is by verbal statement only
11. Which of the following is not exception to the rule against hearsay?
(a) Admissions
(b) Entries in public records
(c) Statements contained in public documents
(d) None of the above
12. Section 114 of the Indian Evidence Act deals with
(a) Presumption of facts
(b) Rebuttable presumption of law
(c) Irrebuttable presumption of law
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24. Which of the following sections of the Code of Civil Procedure stipulate the
provision for the place of institution of suit where local limit of jurisdiction of
Courts are uncertain'?
(a) Section 18
(b) Section 21
(c) Section 24
(d) Section 27
25. Which of the following statements is not correct?
(a) A decree may be partly preliminary and partly final.
(b) Every decree is appealable unless provided otherwise expressly
(c) Every order is not appealable unless specified in the Code.
(d) A decree is a adjudication of a court of law while an order under the Code of Civil
Procedure is not adjudication of a court of law.
26. An agreement by which a person agrees to waive the benefit on any
exemption under Section 60 of the Code of Civil Procedure is:
(a) Valid
(b) Void
(c) Voidable
(d) Valid if reasonable
27. In Ghan Shyam Das Gupta v. Anant Kumar Sinha, AIR 1991 SC 2251, the
Supreme Court explains:
(a) Res-judicata
(b) Res-subjudice
(c) Execution of decree
(d) Review
28. Which is not a instance of 'material irregularity under Order 21, Rule 90 of
the Code of Civil Procedure.
(a) Misdescription of the property in the proclamation
(b) Sale after an order of stay of execution
(c) Omission to hold sale at stated time and place
(d) Omission to send a copy of the decree to the executing court.
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29. By the Amendment Act of 1976 in the Code of Civil procedure, a specific
provision has been made for the:
(a) Set off
(b) Cross-claims
(c) Cross-decree
(d) Counter-claim
30. Who is entitled to exemption from personal appearance in the court?
(a) Bishop of the Church
(b) Speaker of the State Legislature Assembly
(c) Chairman of the State Legislative Council
(d) Judges of the High Court
Ans. (Deleted)
31. Under Section 96 of the Code of Civil Procedure, the consent decree is.
(a) Appealable
(b) Not appealable
(c) Appealable to the high court only
(d) Appealable to the supreme court only.
32. A Section 153-B of the Code of Civil Procedure contains the provisions for:
(a) Classes of persons who cannot be arrested
(b) Suits relating to matters concerning the family
(c) Trial in open court
(d) Attendance of witnesses confined.
33. Who can apply for an injunction?
(a) Plaintiff only
(b) Defendant only
(c) Plaintiff and defendant
(d) None of these
34. Under Sec. 152 of the Code of Civil Procedure. the clerical mistakes can be
corrected in:
(a) Judgement only
(b) Decrees only
(c) Orders only
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46. Which section of the Indian Stamp Act. 1899 contains 'special provision as
to unstamped receipts"?
(a) Section 32
(b) Section 33
(c) Section 34
(d) Section 35
47. In determining the amount of compensation under Section 21 of the
Specific Relief Act, 1963, the court shall be guided by the principles specified
in
(a) Section 73 of the Indian contract Act. 1872
(b) Section 74 of the Indian Contract Act, 1872
(c) Section 75 of the Indian Contract Act, 1872
(d) None of the above.
48. Temporary injunctions under Section 37 of the Specific Relief Act, 1963 is
regulated by:
(a) Code of Civil Procedure
(b) Indian Contract Act
(c) Criminal Procedure Code
(d) Transfer of Property Act
49. Under the Specific Relief Act, 1963, grounds of rectification of instruments
is:
(a) coercion
(b) mutual mistake
(c) misrepresentation
(d) undue influence
50. Section 13 of the Specific Relief Act, 1961 applies to
(a) Movable property only
(b) Immovable property only
(c) Movable and immovable property
(d) None of the above
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51. The Limitation (Amendment) Act, 1969 came with effect from the date:
(a) 25th March, 1969
(b) 23rd March, 1969
(c) 26th March, 1969
(d) 24th March, 1969
52. The Limitation Act, 1963 extend to Sikkim and came into force on
(a) 1st January, 1984
(b) 1st September 1984
(c) 24th August, 1984
(d) 23rd August; 1984
53. On the third Law Commission recommendations the Limitation Bill was
introduced in the Lok Sabha on 23rd December, 1960. But it lapsed on account
of dissolution of the Lok Sabha. It was again introduced in parliament in the
year.
(a) 1961
(b) 1968
(c) 1963
(d) 1962
54. Match List I and List II with select the correct answer by using the codes
given below the lists:
List I
(A) Effect acknowledgement in writing
(B) Continuing wrong
(C) Acquisition of easement by prescription
(D) Computation of time
List II
(i) Section 24
(ii) Section 25
(iii) Section 18
(iv) Section 22
Code:
i ii iii iv
(a) D C A B
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(b) A C B D
(c) B D A C
(d) C D B A
55. Match the List I with List II and select the correct answer by using the
codes given below the lists.
List I
(A) Section 5 of the Limitation Act
(B) Section 3 of Limitation Act
(C) Section 4 of Limitation Act
(D) Section 7 of Limitation Act
List II
(i) When the court closed period expired
(ii) Disability of one of several persons
(iii) Condonation of delay
(iv) Bar of Limitation
Code:
i ii iii iv
(a) A B D C
(b) B C A D
(c) C D A B
(d) D C B A
56. The limitation period from the date of the ex-parte decree is
(a) 60 days
(b) 90 days
(c) 120 days
(d) 30 days
57. Match List I with List H and select the correct answer by using the codes
given below the lists. List 1 (Name of the List II (Sections) case)
(A) Krishna Murthy (i) Exclusion of time in S.Setlur v.O.V. legal proceedings
Exclusion of time in
(B) Tilak Ram v. Natha (ii) Suit for possessionAIR 1967 SC 935
(C) State of U.P. vs. (iii) Acknowledgement Maharaja Narain AIR (1968) S.C. 960
(D) Darshan Singh vs. (iv) Adverse possession Gurdeep Singh IR 1995 S.C. 75
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Code:
i ii iii iv
(a) C D B A
(b) A B D C
(c) B C D A
(d) C B A D
58. In which of the following the Supreme Court held that "The expression
sufficient cause should be considered with pragmatism in justice oriented
approach rather than the technical detection of sufficient cause for explaining
every day's delay."
(a) Darshan Singh vs. Gurdeep Singh AIR 1995 S.C. 75
(b) State (NCT of Delhi) Vs. Ahmad Jaan (2008) 10 JT 179
(c) Udayan Chinubhai vs. R.C. Bali AIR 1977 S.C. 2319
(d) Anandilal vs. Ram Narain AIR 1984 S.C. 1383
59. Where the judgement debtor has, by fraud or force, prevented the execution
of a decree or order within the period of limitation on the application of the
Judgment debtor made after the expiry of the said period, the court may extend
the time for execution of decree provided such application is made within one
year from the date of the discovery of fraud under Section:
(a) 1 Section 17(2) of LA 1963
(b) Section 18(2) of LA 1963
(c) Section 15(3) of LA 1963
(d) Section 15(5) of LA 1963
60. In which of the following cases, the Supreme Court held that 'a suit for
damages for wrongful detention of goods is based on different footing vis- à-vis
continuing wrong. The period of limitation would run from time when property
is wrongfully taken.
(a) Sankar Dostidar vs. Banjula Dostidar AIR 2007 SC 514
(b) Tilak Ram vs. Nathu AIR 1967 SC 935
(c) Bondar Singh vs. Nihal Singh (2003) 4 SCC 161
(d) Asian Resorts Ltd. Vs. Usha Bre Co. Ltd. AIR 2002 SC 55
61. Under the H.P. Urban Rent Control Act, 1987, which court has the power to
transfer proceedings.
(a) Supreme Court
(b) High Court
(c) District Court
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(d) Section 27
71. In which of the following cases the Supreme Court held that even the wife
of a void marriage in entitled to maintenance?
(a) Amarjit Kaur vs. Harbhajan Singh (2003)10 SCC 228
(b) Nirmala Devi vs. RamDass (2001)2SCC 4
(c) Chand Dhawan vs. Jawahar Lal Dhawan (1993)3 SCC 406
(d) Ramesh Chandra vs. Veena Kausal AIR 1976 SC 1807
72. Find correct answer using codes given below:
Assertion (A):" Option of Puberty" is an easy process to repudicate the marriage
under Hindu Law.
Reason (R): "Option of puberty" is not an easy process to repudiate the marriage
under Muslim Law.
Code:
(a) 'A' is correct but 'R' is incorrect
(b) A' and 'R'- both are correct
(c) 'R' is correct but 'A' is not correct.
(d) (A) and (B) both are not correct
73. Find correct answer using codes given below:
Assertion (A): Srutis and Smritis form the greatest treasure house of Hinduism
Reason (R): Srutis and Smritis are considered immemorial timeless and eternal
Codes:
(a) Both 'A' and 'R' are true but 'R' is not the correct explanation of 'A'
(b) Both 'A' and 'R' are true but is correct explanation of 'A
(c) 'A' is true, but 'R' is false
(d) 'A' is false but 'R' is true
74. The junior widow has adopted a child without the consent of senior widow
before HA & M, Act 1956. Decide the adoption:
(a) Valid
(b) Void
(c) Voidable
(d) None of these
75. In which states, where a widow may adopt a child without an express
authority from her husband, before HA and M.Act , 1956?
(a) Orissa and Andhra Pradesh
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(i) Fraud
(ii) Mistake
(iii) Frustration
(iv) Undue influence
Find correct answer using codes:
(a) Only (1) is correct
(b) Only (1) and (ii) are correct
(c) Only (1), (if) and (iii) are correct
(d) All are correct
82. Essentials of valid contract is:
(a) Meeting of mind
(b) Meeting of parties
(c) Meeting of discuss consideration
(d) Meeting to discuss proposal and acceptance
83. Tender is:
(a) An offer
(b) An invitation to offer
(c) A counteroffer
(d) A promies
84. An agreement not enforceable by law is stated to be void, under:
(a) Section 2(d) of Contract Act
(b) Section 2(e) of Contract Act
(c) Section 2(f) of Contract Act
(d) Section 2(g) of Contract Act
85.Get correct answer using codes given below:
Assertion (A): A proposal, when accepted, results in an agreement
Reason (R): It is only after the acceptance of the proposal that a contract
between the two parties can arise.
Codes:
(a) Both 'A' and 'R' are true and 'R' is correct is 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
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Code:
i ii iii iv
(a) d a c b
(b) a c d b
(c) a b d c
(d) d b c a
88. Arrange the following concepts in sequence in which they occur, using
codes given below:
(i) Offer
(ii) Acceptance
(iii) Damage
(iv) Breach
Code:
(a) iv iii ii i
(b) i ii iv iii
(c) i iv ii iii
(d) i ii iii iv
89. An agreement not pursue legal remedies but to refer the dispute to the
arbitrator under Section 28 of Contract Act is:
(a) Valid
(b) Void
(c) Voidable
(d) Unenforceable
90. Goods displayed in a shop with a price tag is a/an:
(a) Offer
(b) Invitation to offer
(c) Counter-offer
(d) None of these
91. Match List I with List II and select the correct answer by using the codes
given below the lists:
List I
(A) Subrogation
(B) Rights of Mesne Mortgagee
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(C)Universal DonEe
(D) Revocation of gift
List II
(i) Section 94
(ii) Section 126
(iii) Section 92
(iv) Section 128
Code:
(A) c
(B) d
(C) b
(D) a
92. Universal donee is defined under:
(a) Section 127 TPA
(b) 101 Section 126 TPA
(c) Section 125 TPA
(d) Section 128 ΤΡΑ
93. In which of the following cases, the Supreme Court had held that. There is
no ban on the transfer of interest in favour of an unborn person. Section 20
permits an interest being created for the benefit of an unborn person who
acquires interest upon his birth."
(a) EM. Devaru Ganapathi Bhai vs. P. Ganapathi Bhai AIR 2004 SC 2665
(b) Rajes Kanta Roy vs. Santi Debi AIR 1957 S.C. 255
(c) Rukhamanbai vs. Shivaram AIR 1981 SC 881
(d) Kokilambal vs. N. Raman AIR 2005 SC 24689
94. 'A' transfers property to 'B in trust for 'C' and directs 'B' to give possession
of the property to 'C' when he attains the age of 25. 'C' is entitled to possession
at the age of 18 years, under Section.
(a) S. 25 TP Act
(b) S.21 TP Act
(c) S.19 TP Act
(d) S.18 TP Act
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95. 'A' settled property in favour of 'B' authorizing him to collect rent of his
house. A created in favour of 'B' is:
(a) Vested interest
(b) No vested interest
(c) Contingent interest
(d) None of these
96. Match the List I with List II and select the answer with the help of codes
given below:
List I (Name of the case) List-II (Sections TP(A)
(A) Kokilambal v. N. Raman AIR 2005 S.C. 2468
(B) John Vallamattom v. Union of India AIR 2003 S.C. 2902
(C) Kempraj v. Barton Son & Co. AIR 1970 SC 1872
(D) Gavaru Ganapathi Bhai v. P. Ganapathi Bhai AIR 2004 S.C. 2665
List-H (Sections TPA)
i. Section 14
ii. Section 13
iii. Section 19
iv. Section 18
Code:
i ii iii iv
(a) c d a b
(b) d c b a
(c) b d a c
(d) a b d c
97. A gift was made by a Hindu to his grandson 'K' who was in existence at the
date of the gift, and 'S' grandson who might be born after the date of the gift,
and 'P' is born in fact after the date of the gift? Who will have the capacity to
take the gift?
(a) 'S' will take the gift
(b) 'K will take the gift
(c) 'V will take the gift
(d) None of these
98. In Section 6 clause (dd) was added:
(a) By the Amending Act, 1900
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103. During the scuffle between A and B, A gave a blow on the face of 'B' and
consequently two teeth of 'B; were broken. In these circumstances 'A' has
committed an offence of causing:
(a) Simple injury
(b) Attempt to cause culpable homicide not amounting to murder
(c) Grievous hurt
(d) No offence at all
104. Wrongful restraint has been defined under.
(a) Section 339 of IPC
(b) Section 340 of IPC
(c) Section 341 of IPC
(d) Section 342 of IPC
105. Assault can be caused by:
(a) Gestures
(b) Mere words
(c) preparation
(d) Neither (A) nor (B)
Ans: (Deleted)
106. Warrant case has been defined under Section 2(x) of Cr.P.C. as a case
relating to an offence punishable with death. imprisonment for life or
imprisonment for a term:
(a) Exceeding three years
(b) Exceeding two years
(c) Exceeding one year
(d) Exceeding one year but less than two years
107. It is mandatory to produce the person arrested before the Magistrate, with
24 hours of his arrest, under:
(a) Section 56 of Cr.P.C.
(b) Section 57 of Cr.P.C.
(c) Section 58 of Cr.P.C.
(d) Section 59 of Cr.P.C.
108. It is mandatory for a police officer to inform the person arrested, the
grounds of arrest and right of bail if the offence is not non-bailable, under.
(a) Section 49 of Cr.P.C.
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114. The investigating officer under Section 160 of Cr.P.C. cannot require the
attendance of a male, at a place other than the place of his residence, who is:
(a) Under the age of 15 years
(b) Under the age of 16 years
(c) Under the age of 18 years
(d) Under the age of 21 years.
115. A Magistrate records the confession of an accused or a statement of a
witness during investigation, under
(a) Section 164 of Cr.P.C.
(b) Section 281 of Cr.PC.
(c) Section 162 of Cr.P.C.
(d) Chapter XXIII of Cr.P.O
116.Statement recorded during investigation under Section 161 of Cr.P.C. can
be used during trial:
(a) For corroborating the witness
(b) For contradicting the witness
(c) Cannot be used for any purpose
(d) Neither (A) nor (B)
117. Section 164 of Cr.P.C. provides a special procedure for recording of.
(a) Confession
(b) Statements made during the course of investigation
(c) Confession as well as statements made during the course of investigation
(d) Either (A) or (B)
118. Under Section 167 of Cr.P.C. for offences other than those punishable with
death, imprisonment for life or imprisonment for a period not less than 10
years, the detention during investigation, can be authorized for a total period
of.
(a) 30 days
(b) 45 days
(c) 60 days
(d) 75 days
119. An order for maintenance or interim allowance can be cancelled under the
circumstances stated under:
(a) Section 125(5) of Cr.P.C.
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(c) Vermin
(d) Flesh
125. Which one of the following Sections of the Wildlife (Protection) Act, 1972
deals with the protection of sanctuary?
(a) Section 18
(b) Section 18A
(c) Section 18B
(d) Section 24
126. Which one of the following Sections of the Indian Forest Act, 1927 deals
with the formation of Village Forest?
(a) Section 28
(b) Section 30
(c) Section 31
(d) Section 32
127. A person who commits an offence under Section 33 of the Indian Forest
Act, 1927 shall be punishable with imprisonment for a term which may extend
to.
(a) Sixth months
(b) One year
(c) Two years
(d) Three years
128. Whenever, it is decided to constitute any land as a reserved forest under
the Indian Forest Act, 1927, the State Government shall issue notification in
the Official Gazette under:
(a) Section 3
(b) Section 4
(c) Section 5
(d) Section 7
129. Which of the following Sections of the Indian Forest Act, 1927 provides
powers of Forest Settlement Officers:
(a) Section 8
(b) Section 11
(c) Section 12
(d) Section 14
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130. A duty may be imposed on timber and other forest-produce under Section
39 of the Indian Forest Act, 1927 by:
(a) Collector
(b) Forest Officer
(c) State Government
(d) Central Government
131. Intoxicant under the Punjab Excise Act, 1914, shall be imported, exported
or transported in compliance with such conditions as imposed by
(a) The State Government
(b) Financial Commissioner
(c) Collector
(d) Excise Officer.
Ans.($)
132. No Taxi producing tree under the Punjab Excise Act, 1914 shall be tapped
except under the authority and subject to terms and conditions of a licence
granted by the:
(A) State Government
(B) Excise Commissioner
(C) Collector
(D) Excise Officer
Ans.($)
133. Who has the power to prohibit the transport of any intoxicant under the
Punjab Excise Act, 1914?
(a) Financial Commissioner
(b) Collector
(c) State Government
(d) Excise Officer
Ans.($)
134. Under the Punjab Excise Act, 1914, the power to make rules regulating
the manufacture, supply, storage or sale of any intoxicant may be made by:
(a) State Government
(b) Financial Commissioner
(c) Excise Officer
(d) Collector
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Ans.($)
135. The collector may, by notification, under the Punjab Excise Act, make
rules regulating.
(a) The bottling of liquor for purpose of sale
(b) The transport of intoxicant
(c) The manufacture of intoxicant
(d) None of the above
Ans.($)
136. If the offence is committed under Section 138 of the Negotiable
Instruments, Act, 1881, the drawer of the cheque shall be punished with
imprisonment for a term which may extend to.
(a) 60 days
(b) three months
(c) one year
(d) two years
137. The court shall take cognizance of the offence under Section 138 of the
Negotiable Instruments Act, 1881 if the payee, after receipt of the information
by him from the bank regarding the return of the cheque as unpaid, makes a
demand for the payment of the amount of money by giving notice in writing to
the drawer of the cheque and the drawer fails to make payment within.
(a) One month
(b) Fifteen days
(c) Seven days
(d) Twenty one day
138. The court shall not take cognizance of the offence under Section 138 of
the Negotiable Instruments Act, 1881, if the payee after receipt of the
information by him from the bank regarding the return of the cheque as unpaid,
makes a demand by giving notice in writing to the drawer after the expiry of.
(a) Fifteen days
(b) Two weeks
(c) one months
(d) None of these
139. In which of the following Sections of the Negotiable Instrument Act, 1881,
the power of court to try cases summarily has been provided.
(a) Section 139
(b) Section 140
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