PROFESSIONALS LAW INSTITUTE-SCO 135/2, Sector 24D, Chandigarh 9915888172
HPJS MODEL TEST PAPER
CIVIL LAW-I
1. Besides
the Courts of Small Causes established under the Provincial Small Cause Courts
Act, 1887 (9 of 1887), and the Courts established under any other enactment for
the time being in force, there shall be the following classes of Subordinate
Civil Courts in Himachal Pradesh:-
(a) The
Court of the District Judge;
(b) The
Court of Senior Civil Judge; and
(c) The
Court of Civil Judge.
(d) All of the above
2. Under
the HP Courts Act, 1976, the superintendent of District Court shall be
appointed by:
(a) High
Court
(b)
District Court
(C)
Additional District Judge
(d)
Himachal Pradesh Public Service Commission
3. A caveat
shall not remain in force after the expiry of
(a) 45 days
(b) 15 days
(c) 90 days
(d) 60 days
4. A
decision in a suit may operate as res-judicata against persons not expressly
named as parties to the suit by virtue of explanation
(a) III to
Section 11 of CPC
(b) V to
Section 11 of CPC
(c) VI to
Section 11 of CPC
(d) IV to
Section 11 of CPC
5. A fresh
suit on the same cause of action is not barred when
(a)
rejected under Order VII, Rule 11 of CPC
(b)
dismissed under Order IX, Rule 2 of CPC
(c)
dismissed under Order IX, Rule 3 of CPC
(d) either
(a) or (b) or (c)
6. A
judgment can be reviewed on the ground of
(a)
discovery of new & important evidence, not within the knowledge of the
party concerned
(b) mistake
of error of fact or law on the face of the record
(c) both
(a) & (b)
(d) none of
the above
7. A person
is an indigent person within the meaning of Order 33, Rule 1 of CPC, if he is
not possessed of
(a)
sufficient means to pay the fee payable on the plaint
(b) any
means to pay the fee payable on the plaint
(c)
sufficient means for his livelihood
(d) none of
the above
8. An
ex-parte decree can be set aside on the ground of
(a) summons
not duly served
(b) being
prevented by any sufficient cause from appearance
(c) either
(a) or (b)
(d) both
(a) and (b)
9. Clerical
or arithmetical mistakes in judgments, orders etc. can be corrected under
(a) Section
152 of CPC
(b) Section
154 of CPC
(c) Section
155 ofCPC
(d) Section
153 of CPC
10. On
account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC,
the suit
(a) is
liable to be dismissed
(b) cannot
be dismissed
(c) may be
dismissed or may not be dismissed as per the discretion of the court
(d) none of
the above
11. Order
II, Rule 2 of CPC does not apply to
(a)
application for execution
(b) writ
petitions
(c) both
(a) and (b)
(d) none of
the above
12.
Application for execution of a decree is to be made
(a) to the
court which passed the decree
(b) to the
district court
(c) to the
High Court
(d) none of
the above
13.
Rejection of an application for leave to sue in forma pauper is
(a) A decree
(b) Not a
decree
(c) Depends
(d) None of
the above
14. In
counter claim the amount must be recoverable at the date of
(a) Suit
(b) Written
statement
(c) Framing
of issues
(d) None of
the above
15. In
appealable cases, the evidence shall be taken by
(a) The
judge
(b) The
commissioner
(c) The
judge or by the commissioner appointed by court
(d) None of
the above
16.
‘Procedure where witness fails to comply with summonses is described in
(a) Under
order 16 Rule 7 of Code of Civil Procedure, 1908
(b) Under
order 16 Rule 8 of Code of Civil Procedure, 1908
(c) Under
order 16 Rule 9 of Code of Civil Procedure, 1908
(d) Under
order 16 Rule 10 of Code of Civil Procedure, 1908
17. Which
of the following deals with the Prohibition of arrest or detention of women in
execution of decree for money in the Code of Civil procedure
(a) Section
43
(b) Section
56
(c) Section
59
(d) Section
54
18. Which
of the following deals with the direction of the court to opt for any one mode
of alternative dispute resolution in the Code of Civil Procedure
(a) Order
5, Rule 30
(b) Order
10 , Rule 1A
(c) Order
6, Rule 10
(d) Order
8, Rule 22
19. A dying
declaration to be admissible
(a) must be
made before a Magistrate
(b) must be
made before the police officer
(c) may be made
before a doctor or a private person
(d) may be
made either before a Magistrate or a police officer or a doctor or a private
person
20. A will
is required to be proved by calling at least one attesting witness
(a) when it
is registered
(b) when it
is unregistered
(c) when it
is admitted
(d) all of
the above
21. After
re-examination of a witness, the adverse party has
(a) right
to further cross-examine the witness afresh in general
(b) has no
right to further cross-examine the witness
(c) right
to further cross-examine the witness only when a new fact is introduced in the
re-examination
(d) either
(a) or (b)
22. In
criminal trials, the onus is on the accused to prove that his case falls in
(a) any of
the general exception
(b) any of
the special exception
(c) any of
the proviso to any provision
(d) all of
the above
23. Leading
questions can be asked during
(a)
examination-in-chief
(b)
cross-examination
(c)
re-examination
(d) all of
the above
24. Oral
evidence is not admissible to clarify the language used in a document when the
language is
(a)
ambiguous or defective on its face
(b) plain
but not applying to the facts
(c) plain
but applying to two sets of facts
(d) related
with terms of regional nature
25.
Presumption under section 112 of the Evidence Act is raised
(a) when a
child is born during the continuance of valid marriage
(b) when a
child is born within 280 days of dissolution of marriage, the mother remaining
unmarried
(c) in both
(a) & (b)
(d) neither
(a) nor (b)
26. Secondary
evidence of a document means
(a) copies
of that document
(b) oral
account of the contents of the documents
(c) both
(a) & (b)
(d) neither
(a) nor (b)
27. A
statement is admissible under section 32(5) of the Indian Evidence Act, when
the statement relates to the existence of any relationship….
(a) By
blood
(b) By
marriage
(c) By
adoption
(d) None of
the above
28. Which
of the following sections is a proviso to section 25 and 26 of the Indian
Evidence Act?
(a) Section
24
(b) Section
23
(c) Section
27
(d) Section
28
29. In the
case of Jaya Mala v Home Secretary , Government of Jammu & Kashmir and
others, AIR 1982 SC 1297: 1982(2) SCC 202, the Supreme Court held: however , it
is notorious and one can take judicial notice that the margin of error in age
ascertained by radiological examination is …… years on either side’.
(a) 2
(b) 3
(c) 4
(d) 5
30. A
Xerox/Photocopy in the absence of the original is….
(a)
Admissible in evidence
(b) Not
admissible in evidence
(c) Depends
(d) None of
the above
31. Under
section 77 of the Indian Evidence Act, certified copies may be produced in
proof of the contents of……
(a) Public
document
(b) Private
document
(c)
Unofficial documents
(d) None of
the above
32. Section
113A and 113B of the Indian Evidence Act were inserted in the year……
(a) 1980
(b) 1981
(c) 1982
(d) 1983
33.
Normally, the rule of evidence is that the burden of proof is on the party who
asserts the positive; but in which of the following instance is the burden cast upon the party who pleads the negative ?
(a) Proof
of legitimacy
(b) Proof
of alibi
(c) Proof
of conspiracy
(d) None of
the above
34. The
accused said ‘I had kept the knife with which I killed X in my bed room’. The
portion of the statement ‘with which I killed X’ is…….
(a)
Relevant
(b)
Relevant but not admissible
(c) Not
relevant and not admissible
(d) None of
the above
35. The
Specific relief Amendment Act, 2018 is based on the recommendations contained
in a Report submitted by an
(a) Expert
Committee to the Government of India in 2016
(b) Select
Committee to the Government of India in 2016
(c) Legal
Committee to the Government of India in 2016
(d) All of
the above
36. Which
of the following section of the Specific Relief Act is based on the principle
that he who seeks equity must do equity?
(a) Section
27
(b) Section
28
(c) Section
29
(d) Section
30
37. Which
section of SRA, 2018 provide for the engagement of experts to assist on
specific issues involved in a suit and also direct the production of documents,
in cases where Court considers it necessary.
(a) Section
14
(b) Section
14-A
(c) Section
20
(d) Section
20-A
38.
‘Substituted performance of contract’ is introduced in
(a) Section
14
(b) Section
14-A
(c) Section
20
(d) Section
20-A
39. No
injunction shall be granted by a court in a suit under this Act involving a
contract relating to an infrastructure project specified in the Schedule,
(a) where
granting injunction would cause impediment or delay in the progress or
completion of such infrastructure project.
(b) where
granting injunction would cause undue hardship in the progress or completion of
such infrastructure project.
(c) where
granting injunction would cause impediment and delay in the progress or
completion of such infrastructure project.
(d) where
granting injunction would cause unfair advantage in the progress or completion
of such infrastructure project.
(e) None of
the above
40. The
State Government, in consultation with the ___________, shall designate, by
notification published in the Official Gazette, one or more Civil Courts as
Special Courts, within the local limits of the area to exercise jurisdiction
and to try a suit under this Act in respect of contracts relating to
infrastructure projects
(a) Chief
Justice of India
(b) Judge
of High Court
(c) Committee
constituted by Supreme Court
(d) None of
the above
41.
Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit
filed under the provisions of this Act shall be disposed of by the court within
a period of ________ from the date of service of summons to the defendant:
Provided that the said period may be extended for a further period not
exceeding _________in aggregate after recording reasons in writing for such
extension by the court.”.
(a) twelve
months, six months
(b) six
months, twelve months
(c) one
year, one year
(d) six
months, six months
(e) None of
the above
42. A suit
for possession of an Immovable Property under Section 6 of Specific Relief Act
can be filed within
(a) 6
months of dispossession
(b) One
year of dispossession
(c) Two
years of dispossession
(d) Three
years of dispossession
43. Which
of the following instruments may be stamped with adhesive stamps,
(a) entry
as an advocate, vakil or attorney on the roll of a High Court;
(b)
notarial acts; and
(c)
transfers by endorsement of shares in any incorporated company or other body
corporate
(d) All of
the above
44. The
Himachal Pradesh Courts Act, 1976 received on 26th May, 1976 the assent of
(a)
President
(b)
Himachal Pradesh Chief Minister
(c)
Governor
(d) All of
the above
45. Which
provision of Himachal Pradesh Courts Act provides that the same person may, if
the High Court thinks fit, be appointed to be District Judge of two or more
districts?\
(a) Section
4
(b) Section
5
(c) Section
6
(d) Section
7
46. The
liability to pay stamp duty arises before or at the time of the execution of
the instrument. Which provision of the Indian Stamp Act provides it?
(a) Section
17
(b) Section
18
(c) Section
19
(d) Section
20
47. Which
provision of the Indian Stamp Act provides penalty for failure to cancel
Adhesive Stamp?
(a) Section
62
(b) Section
63
(c) Section
64
(d) Section
65
48.Under
the Indian Stamp Act ‘executed’ and ‘execution’ used with reference to
instrument means:
(a) signed
(b)
signature
(c) signed
and signature
(d) none of
these
49. Under
the Indian Stamp Act the expenses of providing proper stamp in case of
‘Administration Bonds’ shall be borne by:
(a) the
person drawing such instrument
(b) the
person making such instrument
(c) the
person executing such instrument
(d) all of
these
50. Duty
Under the Indian Stamp Act in the case of ‘conveyance’ is payable by
(a) grantee
(b) grantor
(c) grantee
& grantor
(d) none of
these
Civil Law-II
1. A
transfer made in violation of S.22 of Hindu Succession Act, 1956 is
(a) Void
(b) Valid
(c) Voidable
(d) Illegal
2. 'Heir' has been defined under:
(a) Section
3(d) of the Hindu Succession Act
(b) Section
3(e) of the Hindu Succession Act
(c) Section
3(f) of the Hindu Succession Act
(d)Section
3(g) of the Hindu Succession Act
3. A dies
after the commencement of the Hindu Succession Act leaving behind three sons B,
C and D. The interest in the property passes to by :
(a) Sapinda relationship
(b) Testamentary succession
(c) Survivorship
(d) Limited estate
4. Any
property possessed by a female hindu whether acquired before or after
commencement of the Act shall be held by her as :
(a) Limited
owner
(b)
Ancestral property
(c)
Stridhana property
(d) Full
owner
5. “In no
scenario, it can be said that exclusion of women of any age group could be
regarded as an essential practice of Hindu religion and on the contrary, it is
an essential part of the Hindu religion to allow Hindu women to enter into a
temple as devotees and followers of Hindu religion and offer their prayers to
the deity. In the absence of any scriptural or textual evidence, we cannot
accord to the exclusionary practice followed at the Sabarimala temple the
status of an essential practice of Hindu religion.” It was observed in the case
of Indian Young Lawyers Association V. The State of Kerala & Ors. by:
(a) CJI
Dipak Misra,
(b) Justice
RF Nariman,
(c) Justice
DY Chandrachud
(d) Justice
Indu Malhotra
6.
‘Essential Practises’ test was formulated in
(a)
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar
of Sri Shirur Mutt 1954 SC
(b) Indian
Young Lawyers Association V. The State of Kerala & Ors. 2018 SC
(c) Bijoe
Emmanuel v. State of Kerala, (1986) 3 SCC 615.
(d)
Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, (1964) 1 SCR 561
7. Degrees of
prohibited relationships is applicable between two persons if they are related
by
(a) full blood
(b) half or uterine blood
(c) adoption
(d) all of the above
8. Bigamy
under the Hindu Marriage Act, 1955 includes
(a) Polygamy i.e. having more than one wife
(b) Polyandry i.e. havng more than one
husband
(c) Both (a) and (b)
(d) Only (b)
9. The
Hindu succession Act, 1956, abolishes
(a) the doctrine of acquisition of right by
birth
(b) the doctrine of the right survivorship
(c) both (a) and (b)
(d) Only (b)
10.
Desertion is a
(a) A total repudiation of obligation of
marriage
(b) partial repudiation of the obligation of
marriage
(c) both (a) and (b)
(d) only (a)
11. Match
List-I with List-II and give the correct answer by using the codes given
below:
List – I List
– II
(i) Registration of Hindu
Marriages.
|
(a)Section13B
|
(ii) Divorce by Mutual Consent.
|
(b) Section 16
|
(iii) Legitimacy of children of void and voidable
marriages.
|
(c)Section
8
|
(iv) Divorced persons when may marry again
|
(d) Section 15
|
Codes:
(a) (b) (c) (d)
(a) (i) (ii) (iii) (iv)
(b) (iii) (i) (iv) (ii)
(c) (ii) (iii) (i) (iv)
(d) (iv) (ii) (iii) (i)
12. ‘A stranger cannot sue’. The exception
to the above rule is
(a) Trust
(b) By admission of the parties
(c) Covenants running with the land
(d) All of the above
13. A writes to B, - I shall sell car for
Rs. 2 lakh, if I do not receive a reply in week, I shall assume that you have
accepted the offer.
(a) Offer is considered as accepted
(b) Offer cannot be considered as accepted
(c) Offer is valid if A did no receive the
reply
(d) All of the above
14. A threat to commit suicide amounts to
(a) Undue influence
(b) Fraud
(c) Misappropriation
(d) Coercion
15. ‘X’ makes a contract with ‘Y’ to sell
his motor cycle at a specified price if ‘Z’ to whom the motor cycle already
been offered, refuses to purchase the same. Is this a valid contract?
(a) No, it is void for uncertainty
(b) No, as it depends upon the will of Z and Z may not take any decision during his life time
(c) Yes, as it is a contingent contract
which will be enforceable if an when Z refused to purchase the motor-cycle
(d) No, because the time of performance by X
is not certain
16. Which one is not a remedy for breach of
contract?
(a) Damages
(b) Injunction
(c) Fine
(d) Specific performance
17. Under English Law a contract of
insurance other than life insurance is
(a) Contract of agency
(b) Contingent contract
(c) Contract of guarantee
(d) Contract of indemnity
18. A engages B as clerk to collect money
for him. B fails to account for some of his receipts, and A in consequences
calls upon him to furnish security for his duly accounting. C gives his
guarantee for B’s duly with B’. A does not acquaint C with B’s previous
conduct. B afterwards makes default. The guarantee is
(a) Valid
(b) Void
(c) Invalid
(d) Voidable
19. Agent and Principal is defined in
section
(a) 172
(b) 182
(c) 192
(d) 191
20. Which of the following sections of the
Indian Contract Act, 1872 state that ‘no consideration is necessary to create
all agency’?
(a) 185
(b) 186
(c) 187
(d) 188
21. A agrees to sell B’s one thousand maunds
of rice at the price to be fixed by C’. As the price is capable of being made
certain
a. There is no uncertainty here to make
the agreement void
b. There is uncertainty here to make the
agreement void
c. There is uncertainty but the agreement
cannot be made void
d. All of the above
22. A becomes surety to C for B’s conduct as
manager in C’s bank. Afterwards, B and C contract, without A’s consent, that
B’s salary shall be raised, and that he shall becomes liable for one fourth of losses on overdrafts. B allows a customer to overdraw, and the bank loses a
sum of money
a. A is not discharged from his
surety-ship by the variance made without his consent , and is not liable to
make good this loss
b. A is discharged from his surety-ship,
by the variance made without his consent, and is liable to make good this loss
c. A is discharged form his surety-ship
by the variance made without his consent, and is not liable to make good this
loss
d. All of the above
23. A contracts with B to execute certain
builders’ work for a fixed price B supplying the scaffolding and timber, and
the work cannot be executed
a. A need not execute the work
b. B is bound to make compensation to A
for any loss caused to him by the non-performance of the contract
c. Either a or b
d. Both a and b
24. In computing the period of limitation
for any suit, appeal or application, the day from which such period is to be
reckoned shall be
(a) Excluded
(b) Included
(c) Either included or excluded at the
discretion of court
(d) It is not provided under Limitation Act
25. Exclusion of time under section 14 is
(a) Mandatory
(b) Discretionary
(c) Directory
(d) All of the above
26. In computing the period of limitation
for any suit, the time during which the defendant has been absent from India
and from the territories outside India under the administration of the Central
Government , shall be
(a) Excluded
(b) Counted
(c) Either included or excluded at the
discretion of court
(d) All of the above
27. Which of the following sections of the
Limitation Act, 1963 deals with acquisition of easement by prescription?
(a) 24
(b) 26
(c) 27
(d) 28
28. The period of limitation for a suit when
the lender has given a cheque for the money is
(a) One year
(b) Two years
(c) Three years
(d) Five years
29. The period of limitation for a suit by a
mortgagor to recover possession of immovable property mortgaged and afterwards
transferred by the mortgage for a valuable consideration is
(a) Thirty years
(b) Two years
(c) Three years
(d) Twelve years
30. The period of limitation for filling
claims and objection by person, other than the proclaimed person, in the
property attached is
(a) Within 1 months from the date of
attachment
(b) Within 2 months from the date of
attachment
(c) Within 6 months from the date of
attachment
(d) Within 1 year from the date of
attachment
31. Which of the following statements are true with regards to Article 72 of the Limitation Act, 1963
a) Local or special acts cannot lay down a
shorter or longer period of limitation for suits falling under this
article
b) Government is not liable for the wrong
done by its servants in course of official duties unless the wrong is expressly
authorised or subsequently ratified
c) An encroachment on Govt. Land was
diminished. The owners of land sued for damages. The suit will not be governed
by article 72
d) Filing a petition and obtaining an order
from the magistrate to pursue the remedy for compensation will not save the
period of limitation
e) None of the above
32. When does the period of limitation start
for Article 93 of Limitation Act, 1963
a) From the date of transfer of immovable
property
b) From the date of transfer of immovable
property
c) From the date when plaintiff becomes
aware of transfer of immovable property
d) From the date when plaintiff becomes
aware of transfer of movable property
33. Section 2 of the Transfer of Property
Act, 1882 originally contained …’nothing in the second chapter of this act
shall be deemed to affect any rule of Hindu , Mohammedan or Buddhist Law , but
the Transfer of Property (Amendment) Act, 1929 (Act of 1929) omitted
a. Hindu only
b. Mohammedan only
c. Buddhist only
d. Hindu and Buddhist
34. The principle embodies in section 43 of
the Transfer of Property Act is
a. Holding over
b. Clog on redemption
c. Feeding the grant by estoppel
d. None of the above
35. A person is said to have notice of a
fact under section 3 of the Transfer of Property Act, 1882 when that persons
a. Actually knows that fact
b. Bound to know the fact
c. Presumed to have knowledge of that
fact
d. All of the above
36. Applicability of Section 106 to lease
for agriculture purpose is curtailed by
a. Section 117
b. Section 109
c. Section 119
d. Section 107
37. Accumulation of income can be directed
under Section 17 of the Period not longer than
a. The life time of transferor
b. The period of 12 years
c. A period of 20 years
d. The life time of transferor
e. or a period of 18 years from the date
of transfer
38. Conditions restraining alienation is
valid in the case of a woman during her marriage who is
a. Hindu
b. Muslim
c. Buddhist
d. Christian
39. Fair
rent of building or rented land under the HIMACHAL PRADESH URBAN RENT CONTROL
ACT, 1987 is determined by Rent Controller
a. Taking
into consideration the rent prevailing in the locality for similar building or
rented land during specified period
b. Taking
into consideration the rent agreed upon between the landlord and the tenant
c. Taking
into consideration the compromise arrived at between the parties to the
proceedings
d. Either a
or b or c with reference to the particular line
40.
Provisions as to Eviction of tenants under the HIMACHAL PRADESH URBAN RENT
CONTROL ACT, 1987 is described in
a. Section
12
b. Section
13
c. Section
14
d. Section
18
41. Which
building are exempted under the HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987?
a. The
State Government may direct that all or any of the provisions of this Act shall
not apply to any particular building or rented land or any class of buildings
or rented lands
b. The
Central Government may direct that all or any of the provisions of this Act
shall not apply to any particular building or rented land or any class of
buildings or rented lands
c. Rented
land owned by the foreign nations
d. Rented
land owned by the multinational company
42. In what
cases increase in fair rent is not admissible?
a. Addition b. Improvement
c.
Alteration d. None of these
43. No
person shall convert a residential building into a non-residential building
except with the permission of the
a.
Prescribed Authority
b. Civil
Judge
c. District
Magistrate
d.
Controller
44. Which
of the following is not the ground of Eviction of tenant by landlord?
a. the
tenant has not paid the rent within fifteen days after the expiry of the time
fixed in the agreement of tenancy
b. the tenant has committed such acts as are
likely to impair materially the value of the building
c. the
tenant has been guilty of such acts and conduct as are nuisance to the
occupiers of buildings in the neighborhood
d. the
tenant has ceased to occupy the building or rented land for a six months
without reasonable cause
45. Under
section 14(1)(c) which of the following is not the ground of Eviction of tenant
by landlord
a. to carry
out any building work at the instance of the Government
b. it has
become unsafe or unfit for animal habitation
c. it is
required bona fide by him for carrying out repairs which cannot be carried out
without the building being vacated
d. that the
building is required bona-fide by him for the purpose of re-building which
cannot be carried out without the building being vacated
46. The
deposit under section 21 shall not be accompanied by an application by the
tenant containing the following particulars:
a. the name
and address of the tenant or the persons claiming to be tenants
b. the
building or rented land for which the rent is deposited with a description
sufficient for identifying the building or rented land
c. the
period for which the rent is deposited
d. the name
and address of the landlord or the persons claiming to be entitled to such rent
47. Special
Procedure for the disposal of application for eviction contained in Section 16
of HPURC Act is application in case falling under:
a. Section
14(3)(a)(i)
b. Section
14(3)(a)(ii)
c. Section
14(3)(a)(iii)
d. Section
14(3)(a)(iv)
48. Under
the HPURC Act which of the following statements is not correct?
a. A
landlord is entitled to increase of rent of a building at the rate of 10% of
the fair rent after every 5 years
b. A landlord is entitled to increase of rent at
the rate of 10% of the agreed rent after every five years
c. A
landlord is entitled to further increase of rent in cases where he has done
some addition, improvement or alteration at his own expense and and at the
request of tenant
d. A
landlord is entitled to increase of rent in cases even for improvement made
before determination of fair rent.
49. Section
19 of of HPURC Act provides for:
a. Leases
of vacant buildings by controller
b. Deposit
of rent by the tenant
c. Recovery
of possession in case of tenancies for limited period
d. None of
the above
50. No
appeal or second appeal shall lie against an order made by the Controller in
accordance with the provisions of
a. Section
14
b. Section
15
c. Section
16
d. Section
17
CRIMINAL LAW
1. In which of the following offences,
criminal intention (mens rea) is irrelevant
(a) An offer to commit crime
(b) Murder
(c) Bigamy
(d) All of the above
2. Use of violence by a member of an
assembly of five or more persons in furtherance of common object will
constituted
(a) Affray
(b) Assault
(c) Rioting
(d) Unlawful assembly
3. A takes a girl out of the custody of her lawful
guardians. Which of the following statements is a complete defence if A is
charged under Section. 361 IPC for kidnapping on the ground that the girl was
below the age of 18 years when taken away?
(a) The girl was a college student and could
understand what was right or wrong for her
(b) The girl was maltreated by her guardians
and A promised her a better life
(c) The girl looked more than 18 years of
age and accused had satisfied himself that she was more than 18 years of age
(d) All of the above
4. Good faith within the meaning of the
Indian Penal Code (Sec 52) means
(a) An act done with due care and attention
(b) An actual belief that the act done is
not contrary to law
(c) An act, in fact, done honestly
(d) Act done under bona fide belief
5. Every person has a right to defend his
own body
(a) Against any offence affecting the human
body
(b) And the body of this friends, against
any offence affecting the human body
(c) And the body of any person, against any
offence effectuating the human body
(d) And the body of his blood relative
against any offences affecting the human body
6. In which of the following, the right of
private defence do not extends to cause death of the offender
(a) Rape
(b) Gratifying unnatural lust
(c) Causing miscarriage
(d) Kidnapping
7. A instigates B to murder C. B stabbed C
but c recovers from the wound
(a) A is not guilty of instigation as
desired result no obtained
(b) A is guilty of abetting B to commit
murder
(c) A is guilty of abetting B to commit
grievously hurt
(d) Any of the above
8. A instigates his six year old daughter
B to take away from C, a purse containing Rs. 1500, in this case which one of
the following statements is correct
(a) B commits theft and A abets theft
(b) A commits no offence but B commits theft
(c) Both A and B commit no offence
(d) B does not commit any offence but A
commits abetment of theft
9. Definition of criminal conspiracy is
given in the IPC in
(a) Section 120
(b) Section 120 A
(c) Section 120 B
(d) Section 135A
10. Which one of the following is an
essential ingredient of sedition?
(a) Dishonest intention
(b) Malafide intention
(c) Words spoken must cause public disorder
by acts of violence
(d) Words spoken must be capable of exciting
disaffection towards Governments
11. When two or more person, by fighting in
a public place, disturb the public peace, they are said to commit
(a) An affray
(b) An assault
(c) Rioting
(d) Unlawful assembly
12. Which of the following is an instance of
criminal attempt
(a) A procures colour with an intent to make
false coins
(b) A is in possession of some obscene
photograph and he thought of publishing them
(c) A, with an intent to Kill B,
administers sugar thinking it to be poison powder
(d) All of the above
13. Match the Following Supreme Court Cases
in News Recently:
1. Puttaswamy case 2017 a. Fundamental rights to Transgenders
2. Suresh Kaushal Case 2013 b. De-Criminalisation of Section 377 of
IPC
3. NALSA
Case 2014 c. Right to
Privacy
4. Navtej singh Johar Case 2018 d. Re-Criminalisation Of Section 377 of IPC
Choose the
Correct option given Below:
(a) 1-d,
2-c, 3-b, 4-a
(b) 1-c,
2-b, 3-a, 4-d
(c) 1-c,
2-d, 3-b, 4-a
(d) 1-c,
2-d, 3-a, 4-b
14. The co-accused remained a little away
from the scene of occurrence and supply weapons to the participating accused
either by throwing or by catapulting them so that the participating accused can
inflict injuries on the targeted person. In this case……
(a) Section 34 can be applied
(b) Section 34 cannot be applied because the
presence of accused is away from the scene
(c) Cannot be determined
(d) All of the above
15. The accused fired at an object from a
distance of 152 feet. To his horror he found that he had shot at a human being.
Here the act of A is :
(a) Excusable
(b) An offence
(c) Cannot be determined
(d) All of the above
16. A and Z agrees to fence with each other
for amusement. This agreement implies the consent of each to suffer any harm
which, in the course of such fencing, may be caused without foul play ; and if
A, while playing fairly, hurts Z. Here :
(a) A commits offence
(b) A commits no offence
(c) Cannot be determined
(d) None of the above
17. Which of the following sections of the
Indian Penal Code deals with acts against which there is not right of private
defence ?
(a) Section 98
(b) Section 96
(c) Section 97
(d) Section 99
18. In which of the following cases, the
Privy Council laid down the test for giving false evidence ?
(a) Fleshed v King
(b) Srinivas v Emperor
(c) Mohammaed Sigal Esa v King
(d) R v. Hibbert
19. A appears as a witness before Z, a
magistrate. Z says that he does not believe a word of A’s deposition, and that
A has perjured himself. A is moved to sudden passion by these words, and kills
Z. A has committed
(a) Murder
(b) Culpable homicide not amounting to
murder
(c) Perjury
(d) All of the above
20. The complainant, a mankind, aged 13
yeas, who was hawing milk, entered the accused house to deliver milk. The
accused got up from the bed on which he was lying and chained the door he was
lying and chained the door inside. He then removed his clothes and the girl’s
petticoat, picked her up, laid her on
the bed, and sat on her chest. He put his hand over mouth to prevent her crying
and placed his private parts against hers. There was no penetration. The girl
struggled and cried and so the accused desisted and she got up, unchained the
door and want out. The accused is liable to be convicted under
(a) Section 376
(b) Section 354
(c) Section 511 of Section 376
(d) Section 353
21 Which of
the following is/are true about Bill of Exchange ?
(I) A bill
of exchange requires in its inception two parties.
(II) A bill
of exchange or “draft” is a written order by the drawer to the drawee to pay
money to the payee.
(III) Bills
of exchange are used primarily in international trade, and are written orders
by one person to his bank to pay the bearer a specific sum on a specific date.
(IV)
Definition of ‘ Bill of Exchange’ is mentioned in the Section 6 of Negotiable
Instrument Act.
a. (I) and
(IV) b. (I), (II) and (IV)
c. (II) and
(III) d. (III) and (IV)
22. If the
holder of a bill of exchange allows the drawee more than ___ hours, exclusive
of public holidays, to consider whether he will accept the same, all previous
parties not consenting to such allowance are thereby discharge from liability
to such holder.
a. 24
b. 12
c. 36
d. 48
23. Section 6 of Negotiable Instruments Act
defines ___
a. Cheque
b. Bill of
Exchange
c. Promissory
Notes
d. Dishonour
by non-payment
24. If a Minor draw, indorse, deliver and
negotiate Negotiable Instruments, it binds __
a. All the
parties except minor
b. All the
parties including minor
c. Minor Only
d. Minor and
Only Drawer
25. Which
of the following is/are false about Dishonour of Cheque ?
(I) Section
138 defines Dishonour of cheque for insufficiency, etc., of funds in the
account.
(II) Such
cheque has been presented to the bank within a period of twelve months from the
date on which it is drawn or within the period of its validity, whichever is
earlier
(III)
Imprisonment for such offence may be extended for period of five year
(IV)
Section 138 apply unless – the drawer of such cheque fails to make the payment
of the said amount of money to the payee or, as the case may be, to the holder
in due course of the cheque, within fifteen days of the receipt of the said
notice.
a. (I) and
(IV) b. (II) and (III)
c. (II),(III)
and (IV) d. Only (IV)
26.Which of the following sections of the
code of Criminal procedure, 1973 defines the term “judicial proceedings”.
(a) Section
2 (i) (b) Section 2 (j)
(c) Section
2 (k) (d) Section 2 (l)
27. Which of the following sections of CrPC
deals with the sentence of imprisonment in default of fine, a magistrate can
award ?
(a) Section
32 (b) Section 31
(c) Section
30 (d) Section 29
28.Which of the following section of the
Code of Criminal Procedure, 1973 mandated that whenever it is necessary to
cause a female to be searched, the search shall be made by another female with
strict regard to decency ?
(a) Section
51 (1) (b) Section
52 (1)
(c) Section
51 (2) (d) Section 52 (2)
29. A warrant of arrest may be executed
(a) At any place within the jurisdiction of
the court, which issued the warrant
(b) At any place within the state
(c) At any place in India
(d) At place in the world
30. The procedure for proclamation under
section 82 of the code of criminal procedure , 1973 is
(a) Mandatory (b) Directory
(c) Discretionary (d) Arbitrarily
31. A nine year old year is staying with his
father, his mother files an application under section 97 of the Code of
Criminal Procedure, 1973 alleging that the custody is illegal. The petition is
(a) Maintainable
(b) Not maintainable
(c) Depends
(d) Maintainable but liable to be dismissed
32.A and B were married as per Hindu rites.
Late A got divorce from B. B filed an application for maintenance from A. A
took the defence that B was not his legally wedded wife since he has a living
spouse and twos children. B argued that the factum of first marriage was
suppressed by B. decide.
(a) B is entitled to maintenance from A
(b) B is not entitled to maintenance from A
since the marriage is null and void
(c) Cannot be decided
(d) Any of the above
33. What is the maximum period of detention
under section 167 of the Code of Criminal Procedure, 1973 in a case involving
an offence punishable under section 386 of the Indian Penal Code, 1860 ?
(a) 15 days (b) 30 days
(c) 60 days (d) 90 days
34. A was charged with the murder of Haidar Baksh
on the 20th January 1882, and Khoda Baksh (who tried to arrest him for that
murder) on the 21st January 1882. When charged for the murder of Khoda Baksh,
he was tried for the murder of Khoda Baksh. The witness present in his defence were witnesses in the case of
Haidar Baksh. The court may infer from this that A was mislead, and that error
was
(a) Material
(b) Immaterial
(c) Depends
(d) Any of the above
35. Which of the following sections of the
Code of Criminal Procedure deals with right of person against whom proceedings
are instituted to be defended ?
(a) Section
301 (b) Section 302
(c) Section
303 (d) Section 304
36. An
excise duty or countervailing duty may be levied on any excisable article under
which section of Excise Act?
(a) Section
31 (b) Section 32
(c) Section
33A (d) Section 34
37. No
lease for manufacturing or selling of any excisable can be granted to any
person who is below the age of
a. 21 years b. 25 years
c. 18 years d. none of the above
38. The Financial Commissioner may call for the records of any case decided by excise commissioner/excise officer if in his opinion the final order contains any
erroneous decision:
a.on the
question of law
b.on any
question of fact
c.on any
question of law and fact
d.none of
the above
39.No
holder of license to sell an intoxicant is permitted to surrender his
license.Unless he has given a notice in writing to the collector.The period of
such notice is:
a.15 days b.one month
c.two
months d.three months
40. Who has
the power of arrest, seizure and detent on of any person found guilty under
sections 61 of Punjab Excise Act?
a.An excise
officer of such rank
b.A police
officer of such rank
c.An
officer of Salt or Land Revenue Department of such rank
d.All the
above
41.How many
persons representing NGOs are to be nominated to National Board for Wildlife by
Central Government?
a.five b.ten
c.three d.none of the other
42.Undef
which of the fallowing section of the Wild Life(Protection) Act 1972. The
Central Government has the power to declare areas as sanctuaries or National
Parks?
a.section
18 b.section 35
c.section
38 d.none of the above
43.An
appeal from the orders or Central Zoo Authority shall lie to :
a.District
Court B.High Court
c.Central
Government d.Supreme Court
44.Who of
the fallowing, has the power to grant license for
dealing in troops and animal articles?
a.Any authorised officer
b.Chief
Wildlife warden
c.Both(a)
and (b)
d.State
Government
45.Analysis
the two statements and give the correct answer:
Assertion(A):
The state government can declare any
Area as a Sanctuary if the area is of adequate ecology, faunal, floral, geomorphological,
natural or Zoological significance.
Reason(R)
the purpose is to protect, propagate or develop Wildlife or
its environment.
a.Both(A)
and (R) are true and (R) are true but (R) is the correct explanation of (A)
b.Both (A)
and (R) are true but (R) is not the correct explanation of (A)
c.(A) is
true but (R) is false
d.(A) is
False but(R) is true
46.Who has
the power to levy duty on timber and other forest
produce?
a.State
Government b.Central Government
c.Collecter d.Forest Settlement
47.Under
which of the fallowing sections of Indian Forest Act, a
forest court can be constituted?
a.Section
17 b.Section 18
c.Section
19 d.none of the above
48.Who has
the power to make rules to regulate the transit of all
timber and other forest produce under the Indian Forest Act?
a.Central
Government b.Collector
c.State
Government d.Forest Settlement
Officer
49.Who has
the power of seizure when a forest offence has been committed as to any forest
produce?
a.Collector b.Forest officer
c.Police
officer d.Both A and C
50.Any
person contravening any rule under the Indian Forest Act,1972 for the
contravention of which ,no special penalty is provided shall be punishable
with:
a.Imprisonment
for a terms which may extend up to six months or with fine which may extend
upto five hundred rupees or both
b.Imprisonment
for a term which may extend upto 3
months or fine which may extend upto 500 rupees or both
c.Imprisonment
for a term which may extend upto 2 years or fine may extend upto 500 rupees or
both
d.Imprisonment
for term which may extend upto one month or fine which may extend upto 500
rupees or both.