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Himachal Pradesh-2009
HJS (JUNIOR DIVISION) PREL.EXAMINATION-May,2009
PAPER-I (CIVIL LAW-I)
Time allowed: 1 Hr. Max.Marks:100
Q.1. Rescission of contracts may be allowed if:
(a) where the contract is voidable at the instance of the plaintiff
(b) when the contract is void
(c) where the third party acquire the interest in the contract in good faith
(d) all of the above.
Q.2 Section 31 of the Specific Relief Act, 1963 is related to:
(a) rescission of contracts (c) declaratory decrees
(b) cancellation of instruments (d) perpetual injunctions
Q.3 Ground for refusing specific performance of contract:
(a) when compensation is an adequate relief
(b) when contract depends upon personal qualification of the party
(c) contract requires constant supervision by the court
(d) all of the above
Q.4 Mandatory injunction is granted under Specific Relief Act in:
(a) Section 37 (c) Section 39
(b) Section 38 (d) Section 41
Q.5 Power to make rules for the purpose of carrying into effect the provisions of the Himachal Pradesh Court Act, 1976 is on:
(a) High Court (c) Governor
(b) State legislature (d) Supreme Court of India
Q.6 Classes of subordinate civil courts in Himachal Pradesh under the Himachal Pradesh Court Act, 1976 are:
(a) six (c) four
(b) five (d) three
Q.7 'Bill of Exchange' is defined in :
(a) Indian Stamp Act (c) Negotiable Instrument Act
(b) Indian Contract Act (d) Indian Companies Act
Q.8 The Indian Stamp Act, 1899 came into force on :
(a) 26th January, 1899 (c) 1st July, 1899
(b) 27th January 1899 (d) 10th July, 1899
Q.9 The power of Collector to certify that full duty chargeable is paid on instrument is contained in :
(a) section 32 of the Indian Stamp Act
(b) section 31 of the Indian Stamp Act
(c) section 30 of the Indian Stamp Act
(d)section 29 of the Indian Stamp Act
Q.10 To carry out the purpose of the Indian Stamp Act, 1899 the rules may be made by:
(a) Government of India (c) Parliament
(b) State Government (d) State Legislature
Q.11 Duty under the Indian Stamp Act, in case of policy of fire insurance, is payable by :
(a) the person issuing the policy
(b) the person effecting the insurance
(c) jointly by the person issuing the policy and the person effecting the insurance
(d) none of the above.
Q.12 Duty under the Indian Stamp Act, in case of lease, is payable by :
(a) the lessor (c) the lessor and lessee equally
(b) the lessee (d) none of the above
Q.13 Who prescribe rate of exchange for the conversion of foreign currency into the currency of India for the purpose of calculating stamp duty:
(a) President of India (c) Central Government
(b) Reserve Bank of India (d) World Bank
Q.14 The penalty may be recovered, in case any instrument not duly stampted as per the Indian Stamp Act, by :
(a) State Government (c) Central Government
(b) Collector (d) District Courts
Q.15 Which maxim denote the purpose of "resjudicata":
(a) Interest rupublicae ut sit finis litum
(b) Nemo debt lis vexari pro una et eadem causa
(c) Resjudicata pr veritate occipiture
(d) All of the above
Q.16 The plaint shall be rejected :
(a) if it does not disclose a cause of action
(b) where suit appears to be barred by any law
(c) where it is not filed in duplicate
(d) all the above
Q.17 The provisions relating to particulars of the written statement and counter-claim is in:
(a) order 8 of Code of Civil Procedure
(b) order 9 of Code of Civil Procedure
(c) order 10 of Code of Civil Procedure
(d) order 11 of Code of Civil Procedure
Q.18 Largest order of Code of Civil Procefure is:
(a) order 19 (c) order 41
(b) order 21 (d) order 45
Q.19 The doctrine of constructive resjudicata is explained in :
(a) Section 11, explanation III of Code of Civil Procedure
(b) Section 11, explanation IV of Code of Civil Procedure
(c) Section 11, explanation V of Code of Civil Procedure
(d) Section 11, explanation VI of Code of Civil Procedure
Q.20 Under provisions of Code of Civil Procedure, the court has no inherent jurisdiction:
(a) to restore a suit dismissed for non-payment of court fees
(b) to restore an election petition dismissed for default
(c) to consolidate suits based on different claims
(d) all the above
Q.21 NO evidence is required to be pleaded in :
(a) written statement (c) counter affidavit
(b) writ petition (d) all of the above
Q.22 No second appeal shall lie from any decree when the subject-matter of the original suit is for recovery of money not exceeding:
(a) Rs. 15,000/- (c) Rs. 25,000/-
(b) Rs. 20,000/- (d) Rs. 30,000/-
Q.23 Code of Civil Procedure contains
(a) 50 orders (c) 52 orders
(b) 51 orders (d) 53 orders
Q.24 The parties to suit must submit the list of their witnesses within time prescribed by the court but not later than:
(a) 15 days after the issues are settled
(b) 30 days after the issues are settled
(c) 45 days after the issues are settled
(d) 90 days after the issues are settled
Q.25 Revisional jurisdiction of the High Court arises when the subordinate court:
(a) exercised a jurisdiction not vested in it by law
(b) failed to exercise a jurisdiction vested in it by law
(c) acted in the exercise of its jurisdiction illegally
(d) all the above
Q.26 Name the provision of the Code of Civil Procedure inserted by the Amendment Act, 1999, the object of which is to promote alternate method of dispute resolution:
(a) Section 89 (c) Section 152
(b) Section 144 (d) Section 158
Q.27 The order 38 of the Code of Civil Procedure deals:
(a) Interpleader (c) Arrest & attachment before judgement
(b) Summary procedure (d) Temporary injunctions
Q.28 The order of the Code of Civil Procedure which prescribe the consequences of disobedience or breach of injunction granted by the court:
(a) order 39, Rule 1
(b) order 39, Rule 2
(c) order 39, Rule 2A
(d) order 39, Rule 3
Q.29 Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':
(a) order 19 (c) order 21
(b) order 20 (d) order 22
Q.30 'Reference' under the Code of Civil Procedure may be made to :
(a) the Supreme Court
(b) the High Court
(c) the District Judge
(d) none of the above
Q.31 The Indian Evidence Act, 1872 is not exhaustive. Many rules relating to law of evidence are contained in :
(a) Code of Civil Procedure, 1908
(b) Transfer of Property Act, 1882
(c) Indian Succession Act, 1925
(d) All the above.
Q.32 A fact is conclusive proof of another fact. If that fact is proved than:
(a) the court can call upon a party to prove another fact.
(b) the court can allow opposite party to adduce the evidence to disprove another fact.
(c) both 'a' and 'b'
(d) the court shall regards another fact as proved.
Q.33 A man is alive unless nothing has been heard about him for seven years:
(a) it is presumption of law
(b) It is natural presumption.
(c) it is presumption of fact.
(d) none of the above
Q.34 By information Technology Act, 2000, amendment made in:
(a) Section 17 of the Indian Evidence Act
(b) Section 34 of the Indian Evidence Act.
(c) Section 35 of the Indian Evidence Act
(d) All the above
Q.35 The plea of 'Alibi' is established by:
(a) prosecution
(b) accused
(c) either by prosecution or by accused
(d) none of the above.
Q.36 A person is prosecuted for theft, evidence is sought to be produced to prove that the accused is a bad character and suspect of theft on several occasions in the past:
(a) bad character is relevant
(b) The evidence was admissible
(c) The evidence was not admissible
(d) none of the above
Q.37 'A' agrees to sell to 'B' his white horse in writing. 'A' has two white horses and it becomes uncertain as to which horse was sold. Here in the document there is:
(a) patent ambiguity (c) no ambiguity
(b) latent ambiguity (d) none of the above
Q.38 Estoppel is:
(a) rule of evidence (c) rule of equity
(b) used as defence (d) all the above
Q.39 Facts judicially noticeable:
(a) may be proved (c) need to be proved
(b) need not be proved (d) none of the above
Q.40 The Indian Evidence Act, 1872 applies to :
(a) proceedings under Administrative Tribunals
(b) proceedings under the Commission of Inquiry Act, 1952
(c) proceedings before Industrial Tribunals.
(d) none of the above
Q.41 A deaf-mute's evidence made by writing in open court, shall be deemed to be:
(a) documentary evidence (c) oral evidence
(b) hearsay evidence (d) primary evidence
Q.42 An admission is a statement that may be:
(a) in oral form only
(b) in documentary form only
(c) in electronic form only
(d) all the above
Q.43 For the admissibility of dying declaration, it is not necessary that the statement:
(a) relates to cause of death
(b) the person making the statement must be under expectation of death
(c) the person making the statement must be competent
(d) the statement must be complete.
Q.44 Under Section 122 of the Indian Evidence Act, privilege is available to:
(a) judges and magistrates (c) professionals
(b) husband and wife (d) none of the above
Q.45 Exception to the rule 'hearsay evidence is not admissible', is laid down in the Indian Evidence Act:
(a) Section 29 (c) Section 31
(b) Section 30 (d) Section 32
Q.46 The contents of documents may be proved by:
(a) direct evidence only (c) direct evidence & indirect evidence
(b) indirect evidence only (d) none of the above
Q.47 The basis of specific relief is:
(a) law of equity (c) roman law
(b) common law (d) all of the above
Q.48 Suit for dispossession of immovable property under Section 6 of the Specific Relief Act, 1963 should be brought:
(a) within one year from dispossession
(b) within six months from dispossession
(c) within three months from dispossession
(d) within three years from dispossession.
Q.49 The instrument may be rectified if:
(a) misrepresentation by a party (c) mutual mistakes of parties
(b) undue influence by a party (d) in all the above
Q.50 Specific performance of any contract is granted:
(a) if provided in the contract
(b) if the contract is in its nature determinable
(c) at the discretion of the court
(d) in all the above
CIVIL LAW–II
Time allowed: 1 Hr. Max.Marks:100
Q.1 Disability for the purpose of section 6(I) of the Limitation Act, 1963, does not mean disability arising because of ---
(a) minority
(b) insolvency
(c) insanity
(d) idiocy
Q.2 Section 13 of the Limitation Act, 1963, applies in case of –
(a) a pauper
(b) a minor
(c) an idiot
(d) an insane
Q.3 Under section 14 of the Limitation Act, 1963, defect of jurisdiction must relate to—
(a) territorial jurisdiction
(b) pecuniary jurisdiction
(c) subject-matter jurisdiction
(d) any of the above
Q.4 Section 15 of the Limitation Act, 1963 does not apply to –
(a) suits
(b) appeals
(c) execution proceedings
(d) none of the above
Q.5 Perior of limitation for setting aside an ex-parte decree is-
(a) 30 days
(b) 60 days
(c) 90 days
(d) 15 days
Q.6 Provision for condonation of delay, on the ground of sufficient cause is dealt with under-
(a) section 5 of the Limitation Act, 1963
(b) section 8 of the Limitation Act, 1963
(c) section 12 of the Limitation Act, 1963
(d) section 18 of the Limitation Act, 1963
Q.7 Section 22 of the Limitation Act, 1963 is not applicable in-
(a) case of a continuing tort
(b) case of a continuing breach of contract
(c) case of a suit for damages for wrongful detention of goods
(d) none of the above
Q.8 A transferred his property to B in 1980, with a direction that the income arising out of the property was to be accumulated till 2010(i.e.for 30 yrs). A died in 1995. The direction for accumulation would be valid-
(a) till 1995
(b) till 1998
(c) till 2010
(d) till the lifetime of B
Q.9 Match list-I with list-II and select the correct answer by using the codes given below the list:
List-I List-II
A. Krishnamurthy S. Setlur V O.V.Narasimha Setty (i) Adverse possession (section-27, the Limitation Act)
B. Ram Nath Sao V Gobardhan Sao (ii) Sufficient cause (section-5,the Limitation Act)
C. Sankar Dastidar V Banjula Dastidar (iii) Continuing tort (section-22, the Limitation Act)
D. Tilak Ram V. Nathu (iv) Acknowledgement (section-18, The Limitation Act)
Codes-
A B C D
(a) (i) (ii) (iii) (iv)
(b) (iii) (iv) (i) (ii)
(c) (i) (ii) (iv) (iii)
(d) (ii) (iii) (v) (iv)
Q.10 Match list-I with list-II and select the correct answer by using the codes given below the lists:
List-I List-II
A. Musahar Sahu V. Lala Hakim Lal (i) Part performance (section 53-A, TPA, 1882)
B. Maddison V. Alderson (ii) Transfer by ostensible owner
C. Ram Coomar V. MecQueen (iii) Doctrine of election
D. Mst. Dhanpatti V. Devi Prasad (iv) Fraudulent transfer
Codes-
A B C D
(a) (i) (ii) (iii) (iv)
(b) (iv) (i) (ii) (iii)
(c) (i) (iii) (iv) (ii)
(d) (iv) (i) (iii) (ii)
Q.11 Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee subject to condition that the mortgagee will re-transfer it to the mortgagor upon payment of the mortgage-money, the transaction is called-
(a) simple mortgage
(b) usufructuary mortgage
(c) English mortgage
(d) anomalous mortgage
Q.12 A gifts Rs. 5 lakh to B, reserving to himself, with B's assent, the right to take back at leisure Rs.1lakh. Which one of the following is correct?
(a) the gift is void in its entirety
(b) the gift is valid upto Rs.4 lakh
(c) the gift is said to be revoked
(d) the gift takes effect after A's life time
Q.13 Which of the following is transferable under the Transfer of Property Act, 1882?
(a) a mere right to sue
(b) a decree of a court for mesue profits
(c) political pension
(d) none of the above
Q.14 Section 21 of the Transfer of Property Act, 1882 contains provisions relating to-
(a) contingent interest
(b) conditional transfers
(c) transfer to unborn person
(d) none of the above
Q.15 Which of the following would be a valid transfer under the Transfer of Property Act, 1882?
(a) A lets a farm to B on condition that he shall walk a hundred miles in an hour
(b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead
(c) A transfers Rs. 500 to B on condition that she shall murder C
(d) A transfers Rs. 5000 to B on condition that he shall marry with the consent of C,D and E. E dies, B marries with the consent of C and D.
Q.16 The Transfer of Porperty Act, 1882 has no application to transfer of property where –
(a) It takes place by operation of law
(b) it takes place by act of parties
(c) it is inter vivos transfer
(d) none of the above
Q.17 Which of the following is not a ground for eviction of a tenant under the Himachal Urban Rent Control Act, 1987?
(a) non-payment of rent
(b) change in user of premises
(c) requirement for landlord's son to use the premises as office as a lawyer
(d) none of the above
Q.18 Which of the following is not a non-residential building under the Himachal Pradesh Urban Rent Control Act, 1987?
(a) a building used for the purpose of trade
(b) a building let out for residential and non-residential purposes, separately to to more than one person, the portion thereof let out for the purpose of residence.
(c) a building used for the purpose of business
(d) a building used partly for the purpose of trade and partly for the purpose of residence of the trader
Q.19 Match list-I with list-II and select the correct answer by using the codes given below the list:
List-I List-II
A. Kailash Chand V Dharm Dass (i) bonafide requirement
B. Ram Saran V. Pyare Lal (ii) surrender of govt premises
C. Dewan chand bhalla VDr. Ashok Kumar Bhoil (iii) statutory tenant
D. Narinder Kumar V Ramesh Kumar (iv) unauthorized sub-tenant
Codes:
A B C D
(a) (i) (iv) (ii) (iii)
(b) (i) (ii) (iv) (iii)
(c) (ii) (iii) (iv) (i)
(d) (i) (ii) (iii) (iv)
Q.20 Which of the following statements is not correct in respect of the provisions of the Himachal Pradesh Urban Rent Control Act, 1987 ?
(a) the tenant shall pay rent within the time fixed by contract or by the 15th of the month next following the month for which it is payable.
(b) The tenant may deposit the rent with the Controller without first tendering it to the landlord.
(c) The tenant shall deposit the rent with the Controller within 21 days of the time referred to in section-20 for the payment of the rent.
(d) on an application made by the landlord for withdrawal of the rent deposited with him, the Controller shall order the amount to be paid to him in the prescribed manner.
Q.21 Which of the following sections of the Himachal Pradesh Urban Rent Control Act, 1987 imposes on the landlord duty to keep the building or rented land in good repairs?
(a) section 11
(b) section 12
(c) section 13
(d) none of the above
Q.22 Section 4 of the H.P.U.R.C.Act, 1987 contains provisions relating to-
(a) revision of fair rent
(b) determination of fair rent
(c) increase in fair rent
(d) none of the above
Q.23 The term "tenant" within the meaning of Section-2 of the H.P.U.R.C.Act,1987 does not include-
(a) surviving spouse of the deceased tenant not living in the premises with the tenant at the time of his death
(b) parents of the deceased tenant living with him at the time of his death
(c) son of the deceased tenant living with him at the time of his death
(d) daughter-in-law, being widow of the predeceased son of the tenant living with the tenant at the time of his death.
Q.24 The Himachal Pradesh Urban Rent Control Act, 1987 extends to –
(a) any area administered by a municipal corporation
(b) any area administered by a notified area committee
(c) any area administered by a cantonment board
(d) all the above
Q.25 A person employed by, and acting under the control of, the original agent, in the business of the agency is a-
(a) sub-agent
(b) substituted agent
(c) pretended agent
(d) none of the above
Q.26 Which of the following is not correct under the Indian Contract Act, 1872?
(a) The suggestion, as a fact, of that which is not true, by a party to contract, who does not believe it to be true is fraud.
(b) Active concealment of a fact by a party to contract, having knowledge or belief of the fact is misrepresentation.
(c) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true is misrepresentation.
(d) a fraud which did not cause the consent to a contract of the party on whom such fraud was practiced, does not render a contract voidable.
Q.27 Under the Indian Contract Act, 1872, in which of the following cases, the presumption of agents personal liability does not arise?
(a) where an agent contracts for "a merchant resident abroad"
(b) where the agent does not disclose the name of his principal
(c) where the principal, though disclosed, cannot be sued
(d) where the agent contracts with a party who knows that the principal is a minor
Q.28 Which section of the H.P.U.R.C.Act, 1987 contain condition for conversion of a residential building into a non residential building?
(a) section-11
(b) section-12
(c) section-13
(d) none of the above
Q.29 The maximum penalty, which can be imposed under the H.P.U.R.C. Act, 1987, for contravention of any of the provisions of section 7 (a) or section 8, is-
(a) fine which may extend to Rs. 1000/-
(b) imprisonment for 2 years only
(c) imprisonment for two year and fine
(d) as determined by the Magistrate Ist Class
Q.30 section 81 of the Transfer of Property Act, 1882 contains provisions relating to-
(a) marshalling of securities
(b) contribution to mortgage-debt
(c) sabrogation
(d) tacking of securities
Q.31 The term "contract" is defined in the following section of the Indian Contract Act, 1872-
(a) Section 2(a)
(b) Section 2(h)
(c) Section 2(j)
(d) Section 10
Q.32 Match list I with list II and select the correct answer by using the codes given below the lists:
List-I List-II
(a) Lalman Shukla V. Gauri Dutt (i) Restitution
(b) Tweddle V. Atkinson (ii) Privity of contract
(c) Balfour V. Balfour (iii) Intention to contract
(d) Khan Gul V. Lakha Singh (iv) General offer
Codes-
(A) (B) (C) (D)
(a) (iv) (ii) (iii) (i)
(b) (i) (ii) (iii) (iv)
(c) (ii) (iii) (iv) (i)
(d) (iii) (iv) (ii) (i)
Q.33 An agreement not to raise the plea of limitation is –
(a) valid and binding
(b) voidable
(c) void
(d) illegal
Q.34 The case Nash V. Inman(1908) 2KBI related to-
(a) consent
(b) necessaries
(c) unlawful agreements
(d) none of the above
Q.35 In Carlill V. Carbolic Smoke Ball Co. (1892) 2 QB 484, the court ruled-
(a) that an offer made to public at large is a nadum pactum.
(b) that a general offer is no offer.
(c) that an offer can be made only to a particular person.
(d) that an offer need not be made to an ascertained person.
Q.36 The theory on which quasi-contractual obligations are based is to prevent unjust enrichment. Who is considered to be the real founder of this theory?
(a) Lord Mansfield
(b) Lord Wright
(c) Anson
(d) Lord Radcliffe
Q.37 Which of the following sections of the Indian Contract Act, 1872 imposes on a person, who sues for damages, a duty to nutigate the loss consequent upon the breach of contract?
(a) section 72
(b) section 73
(c) section 74
(d) section 75
Q.38 Which is not a ground for seeking divorce under the Hindu Marriage Act, 1955?
(a) cruelty
(b) desertion
(c) unsoundness of mind
(d) irretrievable breakdown of marriage.
Q.39 Match list I with list II and select the correct answer using the codes given below the lists:
List – I List – II
A. Githa Hariharan V. Reserv Bank of India (i) Adoption
B. Kartar Singh through Bachan Singh V. Surjan Singh (ii) Guardianship
C. Naveen Kohli V. Neelu Kohli (iii) Cruelty explained
D. A jaychandra V. Aneel Kaur (iv) Irretrievable breakdown of marriage recommended
Codes:
A B C D
(a) (ii) (i) (iv) (iii)
(b) (i) (ii) (iii) (iv)
(c) (ii) (i) (iv) (iii)
(d) (i) (ii) (iv) (iii)
Q.40 In "Bipin Chandra V. Prabhavati", AIR 1957 SC 176, the Supreme Court explained-
(a) the concept of cruelty,
(b) the institution of marriage,
(c) the concept of desertion,
(d) the concept of adultery,
as applicable under the Hindu Marriage Act, 1955.
Q.41 For the purposes of section 9(3) of the Hindu Adoption and Maintenance Act, 1956, "mother" does not include-
(a) a widowed mother
(b) a divorced mother
(c) a step-mother
(d) a mother living separately under the decree of court.
Q.42 Section 26 of the Hindu Marriage Act, 1955 as amended by the Hindu Marriage (Amendment) Act, 1964, deals with-
(a) custody of children
(b) disposal of property
(c) maintenance pendent lite
(d) permanent alimony
Q.43 In which of the following decisions, the constitutional validity of section -9 of the Hindu Marriage Act, 1955, was upheld by the Supreme Court?
(a) T. Sareetha V. Venkata Subhaiah
(b) Saroj Rani V. Sudarshan Kumar
(c) Smt Harvinder Kaur V Harvinder Singh
(d) Payal Sharma V. Supdt. Nari Niketan
Q.44 As a result of the changes introduced by the Hindu Succession (Amendment) Act,2005, the daughter of a coparcener in a Joint Hindu Family, governed by the Mitakshara Law, becomes a coparcener-
(a) w.e.f. 17-06-1956
(b) w.e.f. 09-09-2005
(c) w.e.f. 20-12-2004
(d) from the day, she was born
Q.45 A male Hindu, having more than one wives living, at the time of making adoption, may adopt a son-
(a) with the consent of all his wives
(b) with the consent of either of the wives
(c) with the consent of his wife senior most in marriage
(d) without the consent of a wife suffering from diabetes.
Q.46 The general rules of succession in the case of female Hindus are contained in-
(a) section 9 of the Hindu Succession Act, 1956
(b) section 10 of the Hindu Succession Act, 1956
(c) section 14 of the Hindu Succession Act, 1956
(d) section 15 of the Hindu Succession Act, 1956
Q.47 Which provision of the Hindu Succession Act, 1956, desiqualifies a Hindu to inherit property of the person whom he is convicted of murder?
(a) section 21
(b) section 23
(c) section 25
(d) section 27
Q.48 Which provision of the Hindu Adoption and Maintenance Act, 1956 expressly saves the custom regarding the adoption of a married person?
(a) section 10 (ii)
(b) section 10 (iii)
(c) section 10 (iv)
(d) none of the above
Q.49 Section 3 of the Limitation Act, 1963, does not apply to –
(a) suits
(b) appeals
(c) application for leave to sue as a pauper
(d) execution proceedings
Q.50 Section 5 of the Limitation Act, 1963, applies to-
(a) suits
(b) election petitions
(c) appeals
(d) none of the above
CRIMINAL LAW
Time allowed: 1 Hr. Max.Marks:100
Q.1 Chapter XVII containing sections 138 to 143 was introduced in the Negotiable Instruments Act-
(a) Act 65 of 1988
(b) Act 66 of 1988
(c) Act 67 of 1988
(d) Act 68 of 1988
Q.2 How much time is given for complaint for 'dishonor'?
(a) 45 days of intimation of dishonor
(b) 90 days of intimation of dishonor
(c) 30 days of intimation of dishonor
(d) 15 days of intimation of dishonor
Q.3 The offence of 'dishonor' of cheque excludes-
(a) strict liability
(b) absolute liability
(c) mens rea
(d) all of the above
Q.4 What are the defences available against proceedings under section 138 of Negotiable Instruments Act?
(a) absence of a legally enforceable debt or liability
(b) absence of legal notice of 15 days
(c) lack of jurisdiction
(d) all of the above
Q.5 "That there must be specific allegation regarding the role played by each of the directors, then only they are liable for prosecution under section 138 of the Negotiable Instruments Act". In which of the following cases this statement was made:
(a) Devi Iyers Vs Nawab Jan
(b) Y. Srelatha Vs Mukand Chand Bothra
(c) Tord Engineers India Ltd. Vs Nagarjuna Finance Ltd
(d) BIPs System Ltd Vs State
Q.6 The effect of a notice under clause (b) of section 138 of Negotiable Instruments Act is-
(a) the payee forfeits the right to again present the cheque for payment
(b) the payee can present the cheque for payment
(c) the payee can present the cheque with the permission of the court
(d) none of the above
Q.7 The purpose of wild life (Protection) Act, 1972 is:
(a) to protect the environment
(b) to protect the habitats of wild life
(c) to protect the living creatures as well as women being live in wild
(d) none of the above
Q.8 who is the chairman of National Board for wild life?
(a) Prime Minister
(b) President of India
(c) Chief Justice of India
(d) Person appointed by the central government
Q.9 'Narayan Saroval Chinkara Sanctuary' is in the state of –
(a) Andhra Pradesh
(b) West Bengal
(c) Rajasthan
(d) Gujrat
Q.10 In which case Supreme Court has declared that state government must always consider the rights of tribals before an action is taken to acquire an area and declare-
(a) Animal and Environment Legal Defence Fund Vs Union of India
(b) Gujrat Navodaya Mandal Vs State
(c) Rajendra Kumar Vs Union of India
(d) Pradeep Krishan Vs Union of India
Q.11 'Country liquor' and 'Foreign Liquor' is defined under Excise Act:
(a) section -2(14) (b) section-3 (c) section-4 (d) section-5
Q.12 An excise officer not below such rank as the state government may prescribe has power:
(a) to enter and inspect at any time by day or by night, any place in which any licensed manufacturer carries on the manufacture of or stores any instoxicant
(b) to examine accounts and registers, test, measure or weigh any materials, stills, utensils, implements, apparatus or intoxicant found in that place
(c) all of the above
(d) none of the above
Q.13 Chose the correct one: Subject to certain restrictions as the state government may prescribe, the authority granting any licence, permit or pass under the Exise Act may cancel or suspend it-
(a) at will, if the conditions of licence or permit provide for such cancellation or suspension
(b) if any duty or fee payable by the holder thereof be not duly paid
(c) if it is transferred or sublet by the holder thereof without the permission of the said authority
(d) all of the above are correct
Q.14 Which activity is prohibited in the 'reserved forests'?
(a) clearing of forests for cultivation or for any other purpose.
(b) kindling, keeping or carrying any fire
(c) Clearing or breaking up any land for cultivation or for any other purpose
(d) &nnbsp; all the above
Q.15 Which section of the Indian Forest Act, 1927 provides for concept of 'village forest'?
(a) section 26
(b) section 27
(c) section 28
(d) section 30
Q.16 The Indian Forest Act, 1927 consists of-
(a) 76 sections and XI chapters
(b) 86 sections and XIII chapters
(c) 60 sections and XII chapters
(d) 89 sections and XIII chapters
Q.17 In which case section 42 was challenged before the Supreme Court on the basis of 'freedom of trade and commerce'?
(a) Yaswant Sone Workers Vs State of U.P
(b) State of Tripura Vs Sudhir Ranjan Nath
(c) Banwari Seva Ashram Vs State of U.P.
(d) Ambica Quarry Works Vs State fo Gujrat
Q.18 No wife shall be entitled to receive maintenance from her husband under section 125 of Cr. P.C. if:
(a) she is unable to maintain herself
(b) she has obtained divorce from her husband and has not remarried
(c) she refused to live with her husband on the ground that he keeps a mistress
(d) she is living in 'adultery'
Q.19 The maxim term of imprisonment awardable in a 'Summary Trial' is:
(a) three months
(b) six months
(c) one year
(d) two years
Q.20 'Warrant case' means a case:
(a) in which a police officer can arrest without warrant
(b) on which case the court in the first instance, shall issue a warrant of arrest against the accused
(c) relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years
(d) relating to an offence punishable with death, imprisonment for a term not exceeding two years
Q.21 When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction?
(a) where accused is on bail and imprisonment is not exceeding 3 years
(b) where accused is on bail and imprisonment is not exceeding 5 years
(c) where accused is on bail and imprisonment is not exceeding 7 years
(d) where offence is exclusively bailable whether accused is on bail or not
Q.22 Point out the incorrect response under the Cr.P.C.?
(a) inquiry is conducted by a court
(b) inquiry is conducted after framing the charge
(c) inquiry is conducted prior to framing of charge
(d) inquiry is conducted by a Magistrate
Q.23 In which of the following cases it was held by the Supreme Court that section 125 of Cr.P.C. was applicable to all irrespective of their religion?
(a) Mohd. Uman Khan Vs Gulshan Begum
(b) Mohd. Amhed Khan Vs Shah Begum
(c) Subana Alias Saira Banu Vs A.M. Abdul Gafoor
(d) Sirajmohamad Khan Vs Hafizunissa Yaseen Khan
Q.24 Under section 29 of Cr. P.C. the second class Magistrate cannot pass sentence upto-
(a) 01 year
(b) 02 years
(c) 03 years
(d) all of the above
Q.25 For invoking section 133 of Cr.P.C. where should be the inconvenience or invasion on –
(a) public rights
(b) public place
(c) private place or private person
(d) all of these
Q.26 Which of the following offence cannot be summarily tried?
(a) grievous hurt
(b) theft when the value of stolen property is below Rs.200/-
(c) offences relating to section 454 and 456 of the IPC
(d) offences of abetment of the offences enumerated under section 260(vii) of Cr.P.C
Q.27 Under section 198 of Cr.P.C the court can take cognizance of any offence laid down under section 497 and 498 of the IPC on the complaint of –
(a) husband of the woman
(b) father of the woman
(c) mother of the woman
(d) any of these
Q.28 Who is authorized for removal of public nuisance?
(a) Executive Magistrate
(b) Judicial Magistrate 2nd Class
(c) Judicial Magistrate Ist Class
(d) District & Session Judge
Q.29 In relation to F.I.R., which of the following statement is not correct?
(a) it is not a substantive evidence
(b) it cannot be used as a previous statement for any purpose
(c) it merely marks the beginning of the investigation
(d) the informant needs not be an eye witness
Q.30 Which of the following cannot claim maintenance under section 125 of Cr.P.C.?
(a) wife who cannot maintain herself
(b) major married daughter who cannot maintain herself
(c) mother or father who cannot maintain herself or himself
(d) minor illegitimate daughter who cannot maintain herself
Q.31 "In order than an Act should be punishable it must be morally blame-worthy. It must be a sin". Which of the following made this observation?
(a) Salmond
(b) Justice Krishna Iyer
(c) Lord Denning
(d) Stephen
Q.32 The draft of the IPC was prepared by:
(a) Dr. Harisingh Gaur
(b) Lord Macauly
(c) D.F. Mulla
(d) Kenny
Q.33 'A' instigates 'B' to instigate 'C' to murder 'Z'. 'B' accordingly instigates 'C' to murder 'Z' and 'C' commits that offence in consequence of B's instigation. 'A' is:
(a) not guilty of any offence
(b) not guilty of abetting murder
(c) guilty of abetment by conspiracy
(d) guilty of abetting murder
Q.34 'A' and 'B' who are cadets in the Indian Air Force take out from the Jodhpur Aerodrome an aircraft, without the authority of the Commandant and fly it away to Pakistan. What offence has been committed by them?
(a) theft
(b) criminal breach of trust
(c) criminal mis-appropriation
(d) sedition
Q.35 A workman throws snow from a roof giving warning. A passer-by is killed. The workman is:
(a) guilty of murder
(b) guilty of culpable homicide not amounting to murder
(c) not guilty since death was accidental
(d) guilty of causing death by negligence
Q.36 Which of the following sections of IPC deals with vicarious liability?
(a) section 120-A
(b) section 121-C
(c) section 154
(d) section 159
Q.37 Assertion (A) homicide is the killing of a human being by a human being.
Reason (R): homicide is always unlawful
Codes:
(e) Both (A) and (R) are true and (R) is the correct examplanation of (A)
(f) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(g) (A) is true but (R) is false
(h) (A) is false but (R) is true
Q.38 'Common interntion' means:
(a) similar intention
(b) same intention
(c) sharing of intention by all persons
(d) common plans
Q.39 Which one of the following is not an essential ingredient of the offence of 'kidnapping' under the Indian Penal Code?
(a) minor child
(b) intention of the accused
(c) without the consent of lawful guardian
(d) out of the keeping of the lawful guardian
Q.40 'A' cheats by pretending to be 'B' a person who is deceased. 'A' is liable to be punished under:
(a) section 420 of IPC
(b) section 419 of IPC
(c) section 418 of IPC
(d) section 417 of IPC
Q.41 Nothing is an 'offence' which is done by a child under:
(a) eight years
(b) ten years
(c) seven years
(d) twelve
Q.42 The word 'good faith' is defined in the IPC under:
(a) section 44
(b) section 51
(c) section 52
(d) section 52-A
Q.43 An executioner who executes the death penalty is protected from criminal liability under:
(a) section 97 of IPC
(b) section 78 of IPC
(c) section 79 of IPC
(d) section 80 of IPC
Q.44 Minimum number of persons required to commit an 'Affray' is:
(a) five
(b) two
(c) ten
(d) eleven
Q.45 Which one of the following cases is not related to the principle of joint liability based upon common intention?
(a) Barendra Kumar Ghosh Vs Emperor
(b) Mahbood Shah Vs Emperor
(c) Reg Vs Govinda
(d) J.M. Desia Vs State of Bombay
Q.46 How many kinds of kidnappings are there in the Indian Penal Code?
(a) one
(b) two
(c) three
(d) four
Q.47 which of the following punishment cannot be awarded under the Indian Penal Code?
(a) forfeiture of property
(b) rigorous imprisonment
(c) transportation for life
(d) death
Q.48 Under IPC which one of the following sections makes provision of solitary confinement?
(a) section 71
(b) section 72
(c) section 73
(d) section 74
Q.49 The essential elements of a crime are:
(a) Motive, Mens-sea and Actus reus
(b) Motive, intention and knowledge
(c) Mens rea and Actus reus
(d) Knowledge, intention and action
Q.50 'A' in good faith says of a book published by 'Z' that 'Z' s book is indecent, 'Z' must be a man of impure mind. Is this defamation punishable under section 500 of IPC?
(a) yes, because the opinion respects Z's character
(b) no, because it is a slander
(c) no, because it falls within one of the exception of section 499 of IPC
(d) no, because it has not been repeated