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Himachal Pradesh-2011
HIMACHAL PRADESH (JUDICIAL BRANCH) PRELIMINARY EXAMINATION, 2011
CIVIL LAW --- I
Time Allowed : 1 Hour Maximum Marks : 100
1. The draft bill' of the Indian Evidence Act, 1872 was prepared by :
(A) Sir james Stiphen (B) Sir Charles Turner
(C) Sir Raymond West (D) Mr. Whitley stokes
2. The Indian Evidence Act, 1872 does not apply to :
(A) proceedings before arbitrators
(B) departmental proceedings
(C) disciplinary proceedings in educational institutions
(D) all of the above
3. Many rules of 'Law of Evidence' are contained in :
(A) Code of Criminal Procedure, 1973
(B) Indian Limitation Act, 1963
(C) Banker's Book Evidence Act, 1963
(D) All of the above
4. Electronics records produced before the court are :
(A) oral evidence (B) documentary evidence
(C) ordinary evidence (D) technical evidence
5. Which of the following Sections was not inserted in the Indian Evidence Act by the Information Technology Act, 2000 ?
(A) Section 22-A (B) Section 67-A
(C) Section 81-A (D) Section 114-A
6. Under the Indian Evidence Act, 'evidence' does not include :
(A) identification proceedings
(B) condition of witness at the time of giving evidence
(C) facts of which judicial notice is taken
(D) all of the above
7. Appreciation of evidence is a :
(A) question of fact (B) question of law
(C) question of law and fact (D) all of the above
8. Under the Indian Evidence Act, the evidence may be given in all cases about :
(A) facts in issue only
(B) relevant facts only
(C) facts in issue and relevant facts only
(D) none of the above
9. Which section of the Indian Evidence Act provides that the admissions can be proved by or on behalf of the person who makes admission ?
(A) Section 17 (B) Section 18
(C) Section 21 (D) Section 22
10. The constitutionality of which Section of the Indian Evidence Act was challenged in "State of U.P. V. deoman Upadhyaya" for the violation of Article 14 of the Constitution ?
(A) Section 25 (B) Section 26
(C) Section 27 (D) Section 28
11. Exceptions to the 'hearsay rule' are provided in the Indian Evidence Act under :
(A) Section 17 and Section 18 (B) Section 32 and Section 33
(C) Section 34 and Section 35 (D) Section 36 and Section 37
12. Section of the Indian Evidence Act is based on the principle of :
(A) res gestae (B) res ipsa loquitur
(C) res judicata (D) none of these
13. Which section of the Indian Evidence Act is based on the maxim "Salus populist sum rema lex" ?
(A) Section 123 (B) Section 118
(C) Section 119 (D) Section 130
14. Where the handwriting of a teacher is in question the opinion of his principal may be relevant under which Section of the Indian Evidence Act ?
(A) Section 47 (B) Section 48
(C) Section 49 (D) Section 50
15. Admissions are not conclusive proof of the matters admitted but they may operate as :
(A) res judicata (B) estoppels
(C) res gestae (D) all of these
16. The criteria for 'res gestae' :
(A) proximity of time and place
(B) community of purpose
(C) continuity of action
(D) all of the above
17. Under Section 14 of the Himachal Pradesh Courts Act, 1976, the High Court may authorize any Civil Judge to take cognizance of proceeding under :
(A) The Indian Succession Act, 1925
(B) The Guardians and Wards Act, 1890
(C) The Provincial Insolvency Act, 1920
(D) All of the above
18. Under Section 17 of the Himachal Pradesh Courts Act, 1976 who is empowered to distribute the civil business ?
(A) District Judge (B) Civil judge
(C) High Court (D) State Government
19. Under the Indian Stamp Act, 1899, 'executed' and 'execution' used with reference to instruments means :
(A) signed (B) signature
(C) signed and signature (D) none of these
20. Under the Indian Stamp Act, 1899, 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 the above
21. Duty under the Indian Stamp Act, 1899, in the case of a 'conveyance', is payable by :
(A) the grantee (B) the grantor
(C) the grantor and grantee (D) none of these
22. Provisions regarding 'Adjudication as the proper stamp' are contained under the Indian Stamp Act, 1899 in :
(A) Section 28 (B) Section 29
(C) Section 31 (D) Section 30
23. Who makes rules to carry out generally the purposes of the Indian Stamp Act, 1899 ?
(A) Central Government (B) State Government
(C) High Court (D) Supreme Court
24. Section 72 of the Indian Stamp Act, 1899 contains the provision regarding :
(A) place of trial
(B) penalty for post dating bills
(C) jurisdiction of magistrates
(D) penalty for breach of rule relating to sale of stamps
25. All instruments chargeable with duty and executed by any person in India shall be stamped :
(A) before execution only
(B) at the time of execution only
(C) before or at the time of execution
(D) none of the above
26. All duties and penalties under the Chapter IV of the Indian Stamp Act, 1899 may be recovered by :
(A) The Collector (B) The State Government
(C) The High Court (D) None of these
27. Specific relief under the Specific Relief Act, 1963 can be granted for enforcing :
(A) only individual civil rights
(B) individual and public civil rights
(C) only public civil rights
(D) all of the above
28. An injunction under the Specific Relief Act can be granted to restrain :
(A) the theft
(B) the murder
(C) the publication of a defamatory statement
(D) none of the above
29. Under Section 7 of the Specific Relief Act, the recovery of the movable property can be made by :
(A) finder of the movable property
(B) buyer of the movable property
(C) bailee of the movable property
(D) all of the above
30. Under Section 15 of the Specific Relief Act, the specific performance of a contract may be obtained by :
(A) any party of the contract
(B) the representative in interest of any party of the contract
(C) the principal of any party of the contract
(D) all of the abov e
31. The provisions regarding 'specific performance of part of contract' are contained under the Specific Relief Act, in :
(A) Section 11 (B) Section 12
(C) Section 13 (D) Section 14
32. Section 26 of the Specific Relief Act contains the provision regarding :
(A) Declaratory Decrees (B) Mandatory Injunction
(C) Rectification of instruments (D) Rescission of contracts
33. Which Section of the Specific Relief Act deals about 'contracts not specifically enforceable' ?
(A) Section 9 (B) Section 14
(C) Section 11 (D) Section 16
34. The words and expressions used but not defined in the Specific Relief Act, 1963 have the same meaning as :
(A) defined in the Indian Contract Act, 1872, if defined in that Act
(B) defined in the Transfer of Property Act, 1882, if defined in that Act
(C) defined in the Sale of Goods Act 1930, if defined in that Act
(D) defined in the Indian Evidence Act, 1872, if defined in that Act
35. Under which provision of the Code of Civil Procedure, the parties can be struck out, added or substitutuded ?
(A) Order 1, Rule 1 (B) Order 1, Rule 10
(C) Order 1, Rule 3 (D) Order 1, Rule 9
36. Which of the following Sections, the provision has been made for settlement of disputes outside the Court through 'arbitration', 'conciliation', 'mediation' and 'lok adalats' by the Code of Civil Procedure (Amendment) Act, 1999 ?
(A) Section 87 (B) Section 88
(C) Section 89 (D) Section 90
37. The essential elements of a decree :
(A) these must be an adjudication
(B) the determination must be of a conclusive nature
(C) the adjudication must have been done in a suit
(D) all of the above
38. The provisions relating to the summoning and attendance of witnesses are under :
(A) Order 16 of the Code of Civil Procedure
(B) Order 17 of the Code of Civil procedure
(C) Order 18 of the Code of Civil Procedure
(D) Order 19 of the Code of Civil Procedure
39. 'The 'plaint' should be filed in duplicate', this rule was inserted by :
(A) Code of Civil procedure (Amendment) Act, 1976
(B) Code of Civil Procedure (Amendment) Act, 1999
(C) Code of Civil Procedure (Amendment) Act, 2002
(D) None of the above
40. The rule of 'res-judicata' is not applicable in the writ of :
(A) Quo-warranto (B) Prohibition
(C) Habeas Corpus (D) mandamus
41. An 'order' which is not a 'Decree' ?
(A) An order refusing stay
(B) An order passed in execution proceedings
(C) An order rejecting an application to sue in 'forma pauperis'
(D) All of the above
42. Which Section of the Code of Civil Procedure provides that the objections as to the territorial and pecuniary jurisdiction must be raised at the first opportunity ?
(A) Section 19 (B) Section 20
(C) Section 21 (D) Section 22
43. Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act, 1976, bars :
(A) appeal against consent decree
(B) appeal in petty cases
(C) appeal against final decree
(D) appeal against findings
44. A 'caveat' lodged under sub-section (1) of Section 148-A will remain in force for :
(A) 30 days (B) 60 days
(C) 90 days (D) 180 days
45. The 'doctrine of restitution' is based upon the maxim :
(A) actus incumbit onus provandi
(B) actus curiae neminem gravavit
(C) actus dei nemini facit injuriam
(D) actus non-facit reum nisi mens sit rea
46. Which provision of the Code of Civil Procedure provides that a person may sue or defend on behalf of all in same interest /
(A) Order 1, Rule 1 (B) Order 1, Rule 2
(C) Order 1, Rule 8 (D) Order 1, Rule 9
47. Which provision of the Code of Civil Procedure deals with the consequences of disobedience of an injunction granted by the court ?
(A) Order 39, rule 1 (B) Order 39, Rule 2-A
(C) Order 39, Rule 2 (D) Order 39, Rule 3
48. The material facts, on which a party relies, are :
(A) facta probanda (B) facta probantia
(C) fances terrae (D) none of these
49. The courts do not have inherent power to :
(A) set aside an ex parte decree
(B) consolidate suit and appeals
(C) allow a defence in forma pauperis
(D) all of the abov e
50. Section 11 of the Code of Civil procedure contains :
(A) Five Explanations (B) Six Explanations
(C) Seven Explanations (D) Eight Explanations
CIVIL LAW --- II
Time Allowed : 1 Hour Maximum Marks : 100
1. The expression "appointed day" for the purpose of the Himachal Pradesh Urban Rent Control Act, 1987 is :
(A) 17th November, 1971 (B) 18 th August 1987
(C) 20 th October, 1987 (D) None of these
2. The term "building" under the Himachal Pradesh Urban Rent Control Act, 1987, does not include :
(A) A hotel (B) Godowns
(C) Out-houses (D) Land
3. Fair rent of a building or rented land, under the himachal Pradesh Urban Rent Control Act, 1987, is determined by the Rent Controller :
(A) Taking into Consideration the rent prevailing in the locality for similar building or rented land during spec ified 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
4. Provisions as to eviction of tenants, under the Himachal Pradesh Urban Rent Control Act, 1987, are described in :
(A) Section 12 (B) Section 13
(C) Section 14 (D) Section 18
5. Which building are exempted under the Himachal Pradesh Rent Control Act 1987?
(A) The State Govt. may direct that all or any provision of this Act shall not apply to any particular building, rented land or any class of building or rented land
(B) The Centre Govt. may direct that all or any provisions of this act shall not apply to any particular building, rented land or any class of building or rented land
(C) Rented land owned by the foreign nationals
(D) Rented land owned by the multinational company
6. In what cases increase in fair rent is not admissible ?
(A) Addition (B) Improvement
(C) Alteration (D) None of these
7. 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
8. Which one of the following is not the ground of eviction of tenant by the landlord ?
(A) The tenant has not paid the rent within 15 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) That the tenant has been guilty of such acts and conduct as are nuisance to the occupiers of the building in the neighbourhood.
(D) That the tenant has ceased to occupy the building or rented land for a period of 6 months without reasonable cause
9. Under Section 14(1)(C) , the following is not the ground available to the landlord to seek eviction of the tenant :
(A) To carry out building work at the instance of Government
(B) If it has become unsafe or unfit for animal habitation
(C) If it required bonafide for carrying out repairs which can not be carried out without the building is vacated
(D) That the building is required bonafide by him for the purpose of re-building which cannot be carried without the building is vacated
10. 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 persons claiming to be tenants
(B) The building or rented land for which the rent is deposit 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 persons claiming to be entitled to such rent
11. Under the Transfer of Property Act, 1882 where a writing is not expressly required by law :
(A) a transfer of parties may be made without writing in every case
(B) a transfer of property is subject to only writing
(C) no provision of oral transfer is made
(D) none of the above
12. 'Spes successions' means :
(A) Chances of succeeding to hereditary property
(B) Chances of succeeding to property of another
(C) Both (A) and (B)
(D) None of the above
13. 'A' by a settlement deed transfers property to 'P' for life, then to 'S'. 'S' dies before 'P' dies. On the death 'P' the heir of 'S' claims the property. Is the claim valid ?
(A) Valid, since 'S' interest is heritable
(B) invalid, since 'S' interest in contingent
(C) invalid, since settlement deed is vague
(D) None of the above
14. Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of :
(A) Rule of transfer of property
(B) Rule of Law of Torts
(C) Rule of Law of crimes
(D) Rule of contract
15. The doctrine of 'Lis pendens' applicable :
(A) During the pendency of the proceeding
(B) After filing the suit
(C) After disposal of the suit
(D) after filing of the suit
16. The transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called :
(A) Mortage (B) Lease
(C) Sale (D) None of these
17. Actionable claims are :
(A) Share in a company (B) Claim to copyright
(C) Mortgage debt (D) None of these
18. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and has no application to :
(A) Court sale (B) Contingent sale
(C) Perpetuity sale (D) Priceless sale
19. In case of usufructuary mortgage, the mortgage is placed in possession and has a right to enjoy the rents and profits :
(A) Unit the debt is paid
(B) Till the contract is rescinded
(C) Only (B) is correct
(D) None of the above
20. In case of Mortgaged lease, if the mortgage obtains a renewal of the lease, the mortgagor upon redemption :
(A) Shall not have the benefit of new lease
(B) Shall have the benefit of new lease
(C) Shall have the benefit of previous lease
(D) None of the above
21. Which Jurist has said "Contract is not joke of leisure time" ?
(A) Anson (B) Chesire
(C) Lord Stawell (D) Lord Atkin
22. If a proposal has been accepted subject to certain conditions, then :
(A) The Contract is valid and conditions are binding
(B) The contract is voidable
(C) The contract is valid but conditions are not binding
(D) The contract is not constituted at all
23. In Carlil Vs. Carbolic Smoke Ball Co. the definition of "Wagering Agreement" was given by :
(A) Justice Bowen (B) Justice Hawkins
(C) Lord Denning (D) Lord Selborne
24. Which one of the following Sections of Indian Contract Act provides for the liability for necessaries supplied to persons incompetent to contract ?
(A) Section 11 (B) Section 68
(C) Section 69 (D) Section 25(1)
25. Match List I with List II and select the correct answer using the codes given below the lists :
(a) Invitation of offer (1) Upton Rural District Council Vs. Powell
(b) Anticipatory breach (2) Hochester Vs. De La Tour
(c) Restitution (3) Harvey Vs. Falie
(d) Implied contract (4) Leslie (R) Ltd. Vs. Sheill
(a) (b) (c) (d)
(A) (3) (2) (4) (1)
(B) (4) (2) (3) (1)
(C) (1) (2) (4) (3)
(D) (2) (3) (1) (4)
26. Which of the following cases is related to cross offer ?
(A) Adams Vs. Lindsell
(B) Tinn Vs. Hoffmann & Co.
(C) Household Fire & Accident insurance Co. Vs. Grant
(D) Dunlop Vs. Higgins
27. A and B agree that A shall pay B Rs. 500 for which B shall after wards deliver to A one quintal wheat or a smuggled pistol.
(A) The Whole agreement is void
(B) The whole agreement is valid
(C) The whole agreement is unlawful
(D) The agreement to deliver wheat is valid but the agreement is void as to the pistol
28. A Guru (Spiritual Advisor) induced the Chela (his devotee) to gift him the whole of his property to secure benefit to his soul in the next world. The gift shall be :
(A) Void (B) Voidable
(C) Valid (D) immoral
29. Which one of the following essentials of contract does not find place in the Indian Contract Act, 1872 ?
(A) Competency of Parties (B) Real consideration
(C) Intention of contract (D) Lawful object
30. Assertion (A) : 'A' supplies necessary necessities to 'B', a minor. 'A' can recover the payment from the estate of 'B'
Reason (R) : An agreement with a minor is void ab initio.
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are ture, 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
31. In Modern Hindu Law, Marriage has become :
(A) Monogamous (B) Indissoluble Union
(C) Sacramental Union (D) Contract
32. Who is not a class I heir under Hindu Succession Act ?
(A) Mother (B) Father
(C) Son (D) Wife
33. Coparenary property is know as :
(A) Joint family property (B) Self acquired property
(C) Separate property (D) None of these
34. Under Hindu Marriage Act, 'Condonation' applies to the matrimonial offence of :
(A) Adultery (B) Cruelty
(C) Desertion (D) Both (A)and (B)
35. Which of the following theories is the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty but to protect the innocent spouse :
(A) Fault theory (B) Consent theory
(C) Breakdown theory (D) Both (B) and (C)
36. A Married male can adopt :
(I) Only with his wife's consent
(II) Only with his wife's consent, when she is living with him
(III) If he has more than one wife, consent of all the wives is necessary
(IV) If marriage is void, the wife's consent is not necessary
(V) In the case of voidable marriage, the wife's consent is necessary
(A) (I), (III), (IV), and (V)
(B) (II), (III), (IV) and (V)
(C) (I), (IV), and (V)
(D) (II), (III), and (IV)
37. The Supreme Court has recently held in which of the following cases, that under certain circumstances, even when the father is alive, mother can act as a natural guardian :
(A) Vandana Shiva Vs. Jayanta Bandhopadhya
(B) Narayan Vs. Sapurna
(C) Jiyabai Vs. Pathan
(D) Both (A) and (C)
38. The Hindu Marriage Act, 1955 contains the minimum period the desertion for filing a suit for judicial separation :
(A) Three years (B) Five years
(C) Two years (D) Seven years
39. The doctrine of relation back was explained in :
(A) Raghvamma Vs. Chenchamma
(B) Pedasubhayya Vs. Akkamma
(C) Kewal Narain Vs. Prabhu Lal
(D) Gurupad Vs. Hirabai
40. A Hindu widow could be divested of her property inherited by her from her husband if she :
(A) Become unchaste (B) Re-marries
(C) Discretionary (D) None of these
41. Provisions of Section 3 of the Limitation Act, 1963 are :
(A) Mandatory (B) Directory
(C) Discretionary (D) Optional
42. The Limitation Act brought into force in :
(A) 1964 (B) 1963
(C) 1965 (D) 1967
43. Bar of Limitation Act applies to :
(A) Appeal (B) Suit
(C) Application (D) All of the above
44. In computing the period of limitation for an appeal :
(A) The day on which judgment pronounced shall be included
(B) The day on which judgment pronounced shall be excluded
(C) The day on which judgment pronounced and the time requisite for obtaining copy of the decree shall be excluded
(D) The time taken for preparing the decree be included
45. Delay in filing the suit :
(A) Can not be condoned
(B) Can be condoned under Section 3 of the Limitation Act, 1963
(C) Can be condoned under order VII, Rule 6 of the Code of Civil Procedure, 1908
(D) Can be Condoned under Section 5 of the Limitation Act, 1963
46. The Fraud contemplated by Section 17 of the Limitation Act, 1963 is that of :
(A) The plaintiff (B) The defendant
(C) A third person (D) Both (A) and (C)
47. Period during which proceedings stand stayed by an injunction or order is excluded :
(A) Under Section 14 of the Limitation Act, 1963
(B) Under Section 15 of the Limitation Act, 1963
(C) Under Section 16 of the Limitation Act, 1963
(D) Under Section 13 of the Limitation Act, 1963
48. Under Section 25 of the Limitation act, 1963 the easement rights over the property belonging to the court are acquired by continuous and uninterrupted user :
(A) For 12 years (B) For 20 years
(C) For 30 years (D) For 60 years
49. Under Section 19 of the Limitation Act, 1963, the part payment extends the period of limitation : (A) From the date of expiry of initial period of limitation
(B) From the date of the waiting evidencing payment
(C) From the date of extended period of limitation
(D) From the date of payment
50. The period of limitation for a review of the Judgment is :
(A) 60 days (B) 90 days
(C) 30 days (D) 180 days
CRIMINAL LAW
Time Allowed : 1 Hour Maximum Marks : 100
1. The Indian Penal Code, 1860 came into enforcement on:
(A) October 6, 1862 (B) January 1, 1862
(C) October 6, 1860 (D) January 1, 1860
2. Who are not exempted from intra-territorial Jurisdiction of the Indian Penal Code?
(A) The President of India and the Governor of States
(B) Public
(C) Foreign Sovereigns and Ambassadors
(D) Alien Enemies
3. Under which one of the following Sections of the Indian Penal Code, the word 'Offence' has been defined:
(A) Section 39 (B) Section 41
(C) Section 42 (D) Section 40
4. The principle of criminal liability-'actus non facit reum nisi mens sit rea' was developed and adopted by:
(A) The Equity Courts (B) The Indian Courts
(C) The Common Law Courts (D) None of these
5. Which one of the following statements is correct?
(A) Abetment of an offence is an inchoate offence
(B) Abetment of an offence is a continuing offence
(C) Abetment of an offence is a complete offence
(D) Abetment of an offence is an offence depending upon circumstances of the case
6. Common intention implies:
(A) Presence of common knowledge (B) Common object
(C) Pre-arranged planning (D) Similar intention
7. Match List I with List II and select the correct answer using the codes given below the lists:
List I List II
(a) Liability for the act of another person (1) Strict criminal liability
(b) An unlawful act without Criminal intention (2) No offence in itself
(c) Planning to commit a theft (3) Abetment
(d) Instigating a person to commit an offence (4) Vicarious Liability
Codes :-
(a) (b) (c) (d)
(A) (1) (2) (3) (4)
(B) (4) (3) (2) (1)
(C) (2) (3) (4) (1)
(D) (4) (1) (2) (3)
8. Section 84 of the Indian Penal Code is based on the:
(A) Proximity Rule (B) Rule of Common Intention
(C) Mc Naghten Rule (D) Doctrine of Transferred Malice
9. Under which one of the following cases, first time, the Supreme Court of India, has reaffirmed the distinction between culpable homicide and murder whiling adopting the view suggested in Govind case:
(A) Inder Singh Vs. State of PEPSU
(B) State of A.P. Vs. R.R. Punnayya
(C) K.M. Nanawati Vs. State of Maharashtra
(D) Madhavan Vs. State of Kerala
10. 'Section 309 of the Indian Penal Code deserves to be effaced from the statute book to humanise our Penal Laws. It is cruel and irrational provision and it may result in punishing a person again who had suffered agony and would be undergoing ignominy because of his failure to commit suicide." This above dictum was laid down in:
(A) Gian Kaur Vs. State of Punjab
(B) Abhayanand Mishra Vs. State of Bihar
(C) P.Rathinam Vs. Union of Indian
(D) Machhi Singh Vs. State of Punjab
11. A is at work with a hatchet; the head flies off and kills a man who is standing by. A has committed:
(A) an offence of murder
(B) an offence of culpable homicide not amounting to murder
(C) an offence of death by negligence
(D) no offence, if there was no want of proper caution on the part of A
12. a minor girl had left the protection of her father, knowing and having capacity to know the full import of what she was doing voluntarily, joined the accused. Accused allowed the minor to accompany. Accused would be liable for:
(A) committing an offence of kidnapping from lawful guardianship
(B) committing an offence of Abduction
(C) no offence of kidnapping from lawful guardianship
(D) committed an offence of kidnapping beyond the limits of India
13. in which set of Sections of the Indian Penal Code even death can be caused in exercise of right to private defence of person and property ?
(A) Section 100 and 103 (B) Section 100 and 101
(C) Section 102 and 105 (D) Sections 100 and 102
14. Which one of the following preparation is not an offence?
(A) Preparation of dacoity in a Bank
(B) To make die for counterfeiting coins
(C) Preparation to wage war against the Government of India
(D) Preparation for robbery of a Bank
15. A knows that B is suffering from enlarged liver. Being a doctor, A knows that if he gives a fist blow to B in that region with moderate force, it would result in rupture of B's liver and is likely to cause his death. Knowing this, A gives B a fist blow which ruptures B's liver and causes his death. A is:
(A) guilty of culpable homicide not amounting to murder since he knew that his act is likely to cause death
(B) guilty of some offence other than culpable homicide or murder
(C) guilty of no offence since this blow would not have caused the death of a person in normal health
(D) guilty of murder since he had an intention to cause injury and also knew that it is likely to cause death of B
16. right of private defence is:
(A) right to self-defence (B) right to self-revenge
(C) right to self-preservation (D) none of these
17. 'X', a doctor, informs his patient 'Y' that he has cancer which is in its last stage. 'X' requests 'Y' to arrange his family affairs as he cannot survive for more than a couple of weeks. 'Y' dies because of shock on hearing this. 'X' is:
(A) guilty of murder as he knew that such a disclosure will cause death
(B) guilty of causing death by negligence
(C) not guilty since communication was made in good faith for the benefit of 'Y'
(D) guilty of culpable homicide not amounting to murder as he knew that such disclosure is likely to cause death
18. A thrusts his hand into the pocket of B to pick the pocket. There is nothing in his pocket. A is:
(A) guilty of no offence (B) guilty of theft
(C) guilty of attempt to theft (D) guilty of robbery
19. X for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn Y's house. X is guilty of:
(A) Extortion (B) Abetment
(C) Threat to Mischief (D) Criminal Instimidation
20. Abetment of suicide of child is punishable :
(A) under Section 306, IPC (B) under Section 305, IPC
(C) under Section 309, IPC (D) under Section 109, IPC
21. which one of the following Sections of the Code of Criminal Procedure, 1973 authorises to any Police Officer to arrest any person without an order by a Magistrate and without a warrant?
(A) Section 42 (B) Section 44
(C) Section 43 (D) Section 41
22. Bailable offence means:
(A) Where to get bail is right
(B) Where to give bail is duty of the court
(C) Which is shown as bailable in the First Schedule of the Cr. P.C. or under any other law for time being inforce
(D) None of the above
23. Point out correct statement:
(A) a private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence
(B) an Executive or Judicial Magistrate may himself arrest or order any person to arrest the offender when any offence is committed in his presence and within his jurisdiction
(C) any police officer may arrest any person without an order from a Magistrate and without a warrant who has been concerned in any cognizable offence
(D) (A), (B) and (C) are correct
24. Permission to investigation into a non-cognizable offence can be granted by the:
(A) Session Judge
(B) Magistrate having power to try the case or commit to cause for trial
(C) District Magistrate
(D) Chief Judicial Magistrate
25. Any Magistrate of the first class may not take cognizance of any offence:
(A) Only upon receiving a complaint of facts which constitute such offence
(B) Only upon a police report of such facts
(C) Only upon information received from any person other than a police officer or upon own knowledge, that such offence has been committed
(D) Only upon oral information received from any person other than police officer
26. Which is not content of charge?
(A) Description of family background of the accused
(B) Specific name of the offence as per the law which provides the offence
(C) In case of unspecific name of the offence, definition of the offence
(D) Particulars of time and place of the alleged offence
27. Match List I with List II and select the correct answer using the codes given below the lists:
List I List II
(a) Joinder of charges (1) Section 200, Cr.P.C.
(b) Examination of complaint (2) Section 218, Cr.P.C.
(c) Cognizance of offences by Magistrate (3) Section 125, Cr.P.C.
(d) Order for maintenance of wives, (4) Section 190 Cr.P.C.
children and parents
Codes:-
(a) (b) (c) (d)
(A) (1) (2) (4) (3)
(B) (2) (1) (4) (3)
(C) (1) (4) (3) (2)
(D) (2) (1) (3) (4)
28. In every trial before a Court of Session, prosecution shall be conducted by:
(A) the Session Judge (B) the counselor of accused
(C) a Public Prosecutor (D) none of these
29. Which one of the following offence is triable summarily?
(A) Wrongful restraint
(B) Abducting in order to murder
(C) House trespass
(D) Offences not punishable with death, imprisonment for life or imprisonment for a term excluding two years
30. Which one fo the following combinations are not correctly matched?
(1) Anticipatory Bail - Section 438, Cr.P.C.
(2) Summary Dismissal of Appeal - Section 384, Cr.P.C.
(3) Referenceto High Court - Section 394, Cr.P.C.
(4) Compounding of Offences - Section 320, Cr.P.C.
Combinations :
(A) (1), (2) and (3) (B) (1), (3) and (4)
(C) (1), (2) and (4) (D) (2), (3) and (4)
31. Which one of the following court is empowered to try the offence relating to dishonor of cheque for insufficiency etc. under the Negotiable Instrument Act, 1881?
(A) Judicial Magistrate the Second Class
(B) Judicial magistrate the First Class
(C) Banking Ombudsman
(D) None of the above
32. Power of the Court to try cases summarily given under section :
(A) 143 of the Negotiable Instrument Act
(B) 142 of the Negotiable Instrument Act
(C) 138 of the Negotiable Instrument Act
(D) 139 of the Negotiable Instrument Act
33. Every trial under Section 143 of the Negotiable Instrument Act shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial :
(A) within three months from the date of filing of the complaint
(B) within one month from the date of filing of the complaint
(C) within six months from the date of filing of the complaint
(D) within one year from the date of filing of the complaint
34. section 141 of the Negotiable Instrument Act deals with the offences caused by the :
(A) Government Servants (B) Individuals and companies both
(C) Individual alone (D) Companies
35. Court can take cognizance of any offence punishable under Section 138 of the Negotiable Instrument Act:
(A) suo motu
(B) upon a complaint in writing made by the payee
(C) upon a police report
(D) none of the above
36. which one of the following section provides power to State Government to declare limit of sale by retail and by wholesale of any intoxicant?
(A) Section 4 of the Punjab Excise Act
(B) Section 7 of the Punjab Excise Act
(C) Section 6 of the Punjab Excise Act
(D) Section 5 of the Punjab Excise Act
37. Saving clause of enactments provided under chapter :
(A) I of the Punjab Excise Act (B) II of the Punjab Excise Act
(C) III of the Punjab Excise Act (D) IV of the Punjab Excise Act
38. Provision of an Appeal from an original or appellate order of any excise officer is made under :
(A) Section 15 of the Punjab Excise Act
(B) Section 14 of the Punjab Excise Act
(C) Section 13 of the Punjab Excise Act
(D) None of the above
39. No licensed vendor or any person on his behalf shall sell or deliver any liquor to any person who is apparently under :
(A) the age of twenty five years (B) the age of eighteen years
(C) the age of fifteen years (D) the age of twelve years
40. Who shall grant of licence for sale of liquor within the District ?
(A) Financial Commissioner (B) Excise Commissioner
(C) Collector (D) Excise Minister
41. Under the Wildlife Protection Act the term 'wildlife' does not includes:
(A) any animal specified in Schedules I and IV
(B) any aquatic
(C) zoo
(D) any land vegetation which forms part of any habitat
42. Who is Chairperson of the National Board for Wildlife under section 5A of the Wildlife Protection Act ?
(A) The President of India
(B) The Prime Minister of India
(C) The Chief Minister of the State
(D) The Minister in-charge of Forests and Wildlife
43. Who is empowered to grant a permit, to hunt, by an order, for the purpose of education, and scientific research etc.?
(A) The Chief Wildlife Warden
(B) The Minister in-charge of Forest and Wildlife
(C) The Collector
(D) None of the above
44. The Chief Minister of the State is :
(A) The member of the State Board for Wildlife
(B) The Vice-Chairperson of the State Board for Wildlife
(C) The Chairperson of the State Board for Wildlife
(D) The Patron of the State Board for Wildlife
45. The duty of the State Board for Wildlife to advice the State Government is given :
(A) Under Section 6 of the Wildlife Protection Act
(B) Under Section 7 of the Wildlife Protection Act
(C) Under Section 8 of the Wildlife Protection Act
(D) Under Section 5C of the Wildlife Protection Act
46. Under which one of the following sections the Central Government may levy a duty on timber or other forest produce ?
(A) Section 38 of the Indian Forest Act
(B) Section 39 of the Indian Forest Act
(C) Section 40 of the Indian Forest Act
(D) Section 37 of the Indian Forest Act
47. Which one of the following sections empower the State Government to reserve forest ?
(A) Section 3 of the Indian Forest Act
(B) Section 2 of the Indian Forest Act
(C) Section 5 of the Indian Forest Act
(D) Section 6 of the Indian Forest Act
48. Formation of village-forest may be assigned by the :
(A) Central Government (B) State Government
(C) Village Panchayat (D) None of these
49. According to the Indian Forest Act 1927, the term "Cattle" does not include :
(A) Elephants (B) Colts
(C) Pigs (D) Cows
50. The bar of accrual of forest rights mentioned :
(A) Under Section 9 of the Indian Forest Act
(B) Under Section 5 of the Indian Forest Act
(C) Under Section 11 of the Indian Forest Act
(D) Under Section 7 of the Indian Forest Act