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Himachal Pradesh Judicial Service Preliminary Exam 2014

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24 views31 pages

Himachal Pradesh Judicial Service Preliminary Exam 2014

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Naveen Mavi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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MAANSAROVAR LAW CENTRE

HIMACHAL PRADESH JUDICIAL SERVICE


PRELIMINARY EXAM 2014
1. Under Section 12(2) of the Specific Relief Act, 1963, the part performance of
a contract can be enforced by
(a) Only by the defaulting party
(b) Only by the non-defaulting party
(c) Both the defaulting party and the non- defaulting party.
(d) None of the above.
2. Section 34 of the Specific Relief Act, grants the declaration of
(a) Legal character only
(b) Any right to property only
(c) Legal character or any right to any property
(d) None of the above.
3. 'Alternate prayer for rescission in suit for specific performance is provided
in the Specific Relief Act, 1963 in:
(A) Section 28
(B) Section 29
(C) Section 30
(D) Section 31
4. Section 20 of the Specific Relief Act, 1963 contains the provision regarding:
(a) Discretion as to decreeing specific performance
(b) Power to award compensation
(c) Power to grant relief for possession
(d) Power to grant relief for refund of earnest money
5. The Indian Evidence Act applies to:
(a) Affidavits
(b) Departmental proceedings
(c) Arbitration proceedings
(d) An inquiry to determine a jural relation between persons.
6. Which section of the Indian Evidence Act, 1872 is substituted for the old
section by the Information Technology Act, 2000?
(a) Section 22
(b) Section 39
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(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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(d) None of the above


13. Section 108 of the Indian Evidence Act provides presumption for:
(a) Life
(b) Marriage
(c) Death
(d) Legitimacy
14. A dumb witness who give his evidence by writing in open court is:
(a) Not admissible as evidence
(b) Oral evidence
(c) Documentary evidence
(d) None of the these
15. Section 13 of the Indian Evidence Act applies to
(a) Public and private rights
(b) Public rights only
(c) Private rights only
(d) None of these
16. In the case of State of Bombay vs. Kathi Kalu, AIR 1961, SC 1908, the
Supreme Court judge the validity of
(a) Section 68 of the Indian Evidence Act
(b) Section 73 of the Indian Evidence Act
(c) Section 79 of the Indian Evidence Act
(d) Section 88 of the Indian Evidence Act
17. In which came it was held that identification parades do not contravene
article 20(3) of the Constitution of India which requires that no accused shall
be compelled to be witness against himself?
(a) Peare Lal vs. The State, AIR 1961, Cal. 531.
(b) Chandmal vs. State of Rajasthan, AIR 1976, S.C. 917
(c) Lakhampal vs. State of M.P.. AIR 1979, S.C. 1620
(d) Ram Avtar vs. State (Delhi Administration), AIR 1985, S.C. 1692.
18. By which 'Amendment' Section 113-A was inserted in the Indian Evidence
Act?
(a) Dowry Prohibition (Amendment) Act, 1986
(b) The Information Technology Act, 2000

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(c) Criminal Law (Amendment) Act, 1986


(d) Criminal Law (Amendment) Act, 1983.
19. Under Section 45 of the Indian Evidence Act, the opinion of expert cannot
be on the question of
(a) Foreign Law
(b) Science
(c) Indian Law
(d) Art
20. Under Section 44 of the Indian Evidence Act, evidence of Judgement, order
or decree can be challenged on the ground of:
(a) Fraud only
(b) Collusion only
(c) Incompetence of the court only
(d) Fraud or collusion or incompetence of the court.
21. Duchese of Kingstone's Case is a leading case on the subject.
(a) Foreign judgement
(b) Ex parte decree
(c) Res judicata
(d) Inherent powers of the courts
22. Explanation VII to Section 11 in the code of civil procedure, 1908 was
inserted
(a) CPC (Amendment) Act, 1976
(b) CPC (Amendment) Act, 1999
(c) CPC (Amendment) Act, 2002
(d) None of the above
23. Whether the pendency of a suit in a foreign court will preclude courts in
India from trying a suit founded on the same cause of action?
(a) Yes
(b) No
(c) Only the High Court can try
(d) Only the Supreme Court can try

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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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(d) Judgement decrees or orders


35. In the exercise of inherent power a court cannot
(a) Extend time for payment of court fee
(b) Override substantive rights of any party
(c) Revive execution applications
(d) Set aside an ex parte order passed against the party
36. Which is the incorrect statement regarding the execution of decree?
(a) A decree does not become in executable on the death of the judgment-debtor
(b) A court can execute a decree in respect of the property situate entirely outside its
local jurisdiction
(c) An executing court has no power to question its legality
(d) The court which passed the decree may of its own motion send it for execution to
any subordinate court of competent court.
37. Under the Himachal Courts Act, 1976, the Superintendent of District Court
shall be appointed by:
(a) High Court
(b) District Judge
(c) Additional District Judge Himachal Pradesh Public Service Commission
38. Under the Himachal Pradesh Courts Act, 1976, who can divide the Himachal
Pradesh into civil Districts?
(a) High Court
(b) State Government
(c) Supreme Court
(d) Central Government
39. Cancellation of adhesive stamps can be done:
(a) Only be the person who affixes the adhesive stamps
(b) Only by the person who execute the instrument bearing an adhesive stamp.
(c) By the person who affixes the adhesive stamp to any instrument or by the person
who execute the instrument bearing an adhesive stamp.
(d) None of the above
40. Under the Indian Stamp Act, 1899, the duty shall be liable in transfer of:
(a) Registered ownership of securities from a person to a depository
(b) Registered ownership of securities from a depository to a beneficial owner
(c) Beneficial ownership of units of a mutual fund
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(d) Beneficial ownership of shares of a company


41. Section 23A of the Indian Stamp Act, 1869, deals instruments concerned
with:
(a) Sale of marketable securities
(b) Mortgages of marketable securities
(c) Lease of marketable securities
(d) Sale, lease and mortgage of marketable securities.
42. Impressed stamps includes:
(a) Labels affixed by the proper authority
(b) Labels impressed by the proper authority
(c) Labels affixed and impressed by the proper authority
(d) None of the above
43. Whether the guarantees agreements fall within the purview of sub-section
(1) of the Section 4 of the Indian Stamp act, 1899?
(a) Yes
(b) No
(c) Depend upon the parties
(d) Depend upon the guarantor
44. Under the Indian Stamp Act, 1899, in case of a conveyance, in the absence
of any agreement to the contrary, the expenses for providing proper stamps
shall be borne by
(a) Grantee
(b) Grantor
(c) Grantor and grantee
(d) None of these
45. All instruments chargeable with duty and executed by any person in India
shall be stamped.
(a) Only before execution
(b) Only at the time execution
(c) Before or at the time of execution
(d) None of the above

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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) All of these courts


62. Under which of the following sections the residential building converted
into a non-residential building?
(a) Section 13, HPURC Act
(b) Section 14, HPURC Act
(c) Section 12, HPURC Act
(d) Section 11, HPURC Act
63. Every Landlord shall be bound to keep the building or rented land in good
and tenantable repairs". Under which section of H.P. Urban Rent Control Act,
1971?
(a) Section 13(3) of the Act
(b) Section 13(1) of the Act
(c) Section 10(2) of the Act
(d) Section 11 (3) of the Act
64. How may Schedules are there is H.P. Urban Rent Control Act?
(a) None
(b) 2 (two)
(c) 3 (three)
(d) 4 (four)
65. "The Landlord shall not claim or receive any premium or other like sum in
addition to fair rent or any rent in excess of such fair rent, but the landlord
may stipulate for and receive in advance an amount not exceeding one month
rent, provided under:
(a) Section 8(3) of the Act
(b) Section 5(1)(A) of the Act
(c) Section 5(4)(C) of the Act
(d) Section 7(1)(A) of the Act
66. In which of the following cases are related to H.P. Urban Rent Control Act?
(a) Ram Murthi vs. Bhole Nath
(b) Santhosh Mehta vs. Urn Prakash and others
(c) Both (A) and (B)
(d) None of the above
67. On which date HP Urban Rent Control Act came into force?
(a) 17th November, 1971

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(b) 26th January, 1971


(c) 17th November, 1987
(d) 26th January. 1987
68. Match List I and List II and select the correct answer by using the codes
given below the lists.
List I
(A) "Tenant"
(B) "Scheduled building"
(C)Leases of vacant buildings
(D) Execution of orders
List II
(i) Section 23
(ii) Section 16
(iii) Section 2(i)
(iv) Section 2(h)
Code:
i ii iii iv
(a) D C A B
(b) A B D C
(c) C A B D
(d) A C D B
69. Which of the following Sections of the Himachal PradeshUrban Rent Control
Act, 1971 prescribes penalties for the contravention of the provisions of
Section 10, 11, 12 or 24 of the Act. 1971?
(a) Section 30
(b) Section 31
(c) Section 25
(d) Section 28
70. Under which Section of the Himachal Pradesh Urban Rent Control Act,
1987. power to summon and enforce attendance of witness?
(a) Section 26
(b) Section 28
(c) Section 25

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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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(b) Madras and Bombay


(c) Bihar and Madhya Pradesh
(d) U.P. and Himachal Pradesh
76. Daughter has become a coparcenary by virtue of the Hindu Succession
(Amendment) Act, 2005 under:
(a) Section 5 of HS (Amendment) Act, 2005
(b) Section 6 of HS (Amendment) Act, 2005
(c) Section 6(1) of HS (Amendment) Act, 2005
(d) None of the above
77. Partition can be reopined, under what circumstances ?
(a) Removal of disability
(b) Fraud
(c) After son born
(d) All of these
78. Mitakshara Comentary was written by whom?
(a) Jimuthvahna
(b) Vijnanshawra (Vijnavalkya)
(c) Chintamony
(d) None of these
79. 'A' marries 'B' the widow of his elder brother under Hindu Law. The marriage
is:
(a) Valid
(b) Void
(c) Voidable
(d) None of these
80. In ancient 'Hindu Marriage', which one approved form of marriage?
(a) Brahma
(b) Davia
(c) Prajapatya
(d) Asura
Ans: (Deleted)
81. 'A' contract may be vitiated by:

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


86. Match List I with List Il and select the correct answer by using the codes
given below the lists:
List I
(a) Chandra Das Mushib
Mushib v. Ganga Prasad Das
(b) Mithu Lal Nayak v. LIC of India
(c) Satyabrata Ghose v. Mugneeram Bangur
(d) Jagad Bandhu Chatterjee v. Nimla Rani
List II
(1) Fraud
(ii) Undue influences
(iii) Waiver
(iv) Frustration of Contract
Code:
i ii iii iv
(a) b a d c
(b) a d c b
(c) d a b c
(d) a c b d
87. Match List I with List II and select the correct answer by using the codes
given below the lists:
List I
(A)Agreements in restraint of legal proceedings
(B) Agreement in restraint of Marriage
(C) Wagering Contract
(D)Contingent Contract
List II
(i) Section 28
(ii) Section 31
(iii) Section 26
(iv) Section 30

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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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(b) By the Amending Act, 1929


(c) By the Amending Act, 2002
(d) None of the above
99. Where the property of a deceased Mohammedan was inherited by A, B,C
grandsons and W, and 'X' daughters. The grandsons took possession of the
whole property, entered it in their own names in the 'Khatoni' Register, and
two years later Mortgaged it. The daughters first heard of the Mortgage when
the Mortgagee brought the property to sale and although it does not appear
that they had husbands to protect their interest, their was held:
(a) Covered under Section 41 TP Act
(b) Covered under Section 43 TP Act
(c) Barred by Section 43 TP Act
(d) Barred by Section 41 TP Act
100. The amendments made the Amending Act of 1929, both under the TP Act
as well as the Registration Act, 1908, to even unregistered documents for the
purpose of Section 53-A has now been withdrawn by the amendments made by
the Registration and other related laws (Amendment) Act, 2001, which has
came into force with effect from:
(a) First September, 2001
(b) 23rd September, 2001
(c) 26th September, 2001
(d) 24th September, 2001
101. For abetment:
(a) It is necessary that the person abetted should be capable of committing an offence
under the law.
(b) It is necessary that the person abetted should have the same guilty intention.
(c) It is not necessary that the person abetted should be capable of committing an
offence under the law or should have the same guilty intention.
(d) Both (A) and (B)
102. Rioting means use of force or violence by an unlawful assembly, or by a
member thereof, in prosecution of common object of such assembly, as per:
(a) Section 144 of IPC
(b) Section 145 of IPC
(c) Section 146 of IPC
(d) Section 148 of IPC

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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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(b) Section 50 of the Cr.P.C


(c) Section 51 of Cr.P.C.
(d) Section 54 of Cr.P.C.
109. A proclamation under Section 82(1) requiring a person published giving.
to appear must be
(a) Not less than 30 days time to the person concerned
(b) not less than 10 days time to the person concerned
(c) not less than 20 days time to the person concerned
(d) not less than 15 days down the procedure for
110. Section 92 of the Cr.P.C. lays down the procedure for:
(a) Production of document (s) in the custody of postal or telegraph authority.
(b) Production of document(s) in the custody of any person other than the accused.
(c) Production of document (s) in the custody of an accused person.
(d) All of the above.
111. A declaration of forfeiture under Section 95 of Cr.P.C. can be set aside by:
(a) Magistrate issuing the search warrant
(b) Chief Judicial Magistrate/Chief Metropolitan Magistrate
(c) Court of Sessions
(d) High Court
112. When the police registers a case regarding commission of cognizable
offence, the registration of the case is under:
(a) Section 154 of Cr.P.C.
(b) Section 155 of the Cr.P.C.
(c) Section 156 of Cr.P.C.
(d) Section 190 of Cr.P.C.
113. The investigating police officer in a case has power to require attendance
of a person acquainted with the facts and circumstances of the case under:
(A) Section 158 of Cr.P.C.
(b) Section 159 of Cr.P.C
(C) Section 160 of Cr.PC.
(D) Section 161 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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(b) Section 127(2) of Cr.P.C.


(c) Section 127(3) of Cr.P.C.
(d) None of these
120. A case can be committed to the Court of Sessions, by a Magistrate under:
(a) Section 209 of Cr.P.0
(b) Section 323 of Cr.P.C.
(c) Section 324 of Cr.P.C.
(d) Both (A) and (B)
121. Which one of the following Sections of the Wildlife (Protection) Act, 1972
deals with the power of Central Government to declare areas as sanctuaries or
National Park?
(a) Section 35
(b) Section 36A
(c) Section 38A
(d) Section 38B
Ans. (Deleted)
122. The licence for the possession of arm with which an offence was
committed against the Wildlife (Protection) Act. 1972 may be cancelled by the
court on conviction of such person and he shall not be eligible for a licence for
a period of:
(a) One year from the date of conviction
(b) Two years from the date of conviction
(c) Three years from the date of conviction
(d) Five years from the date of conviction
123. Experts or professionals appointed under Clause (D) of Sub-section (2) of
Section 38 L of the Wildlife (Protection) Act shall hold office not exceeding.
(a) Five years
(b) Three years
(c) Two years
(d) One year
Ans. (Deleted)
124. Meat under the Wildlife (Protection) Act does not include:
(a) Blood
(b) Bones

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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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(c) Section 141


(d) Section 143
140. Amendment in Section 138, 141, 142, and 143 of the Negotiable
Instrument Act, 1881 was made by the Negotiable Instruments (Amendment
and Miscellaneous Provisions) Act in:
(a) 2001
(b) 2002
(c) 2004
(d) 2005
141. A child of the following age is presumed to be not
(a) A child under 7 years of age
(b) A child above 7 years of age and under 12 years
(c) A child above 8 years of age and under 14 years
(d) A child above 7 years of age and under 31 years
142. The right of private defence of property does not exceed or causing death
in.
(a) Mischief by fire on any tent used for human dwelling.
(b) House breaking by night
(c) House trespass
(d) Robbery
143. The right of private defence of body exceed to causing death.
(a) In case of wrongful restraint
(b) In case of apprehension of hurt
(c) In case of assault with intention of arbitrariness
(d) In case of wrongful confinements
144. A instigates B to give false evidence, B does not give false evidence. In
this case.
(a) A is not liable of any offence
(b) A is liable for abetment by instigation
(c) A is liable for abetment by conspiring
(d) All the above answers are correct
145. A with the guilty intention abets a child of 6 years to commit theft. The
act is not committed. Here.
(a) Both A and the child can be tried
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(b) A has not committed any offence


(c) A has not abetted theft.
(d) A is liable for abetting theft.
146. A administrators a poisonous drug to a woman B to cause miscarriage. It
is found that B was not pregnant. Here;
(a) A is not guilty of attempt
(b) A is guilty of attempt
(c) A is guilty of murder
(d) A is guilty of no offence
147. Which one of the following is normally an essential element of crime?
(a) volition
(b) Actus Reus
(c) Motive
(d) Will
148. For the applications Sections 34 of IPC. it is necessary that Criminal Act
is done by
(a) Two persons only
(b) Five persons
(c) More than two but less than five persons
(d) More than one person
149. Menaghten case relates to the defence on the ground of
(a) Intoxication
(b) Necessity
(c) Consent
(d) Unsoundness of mind
150. Right of private defence of the body extends to causing death has been
dealt with.
(a) Section 100 of IPC
(b) Section 101 of IPC
(c) Section 102 of IPC
(d) Section 103 of IPC

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