Previous Year Question Papers · H.P. Judicial Service Exam., 2012

H.P. Judicial Service Exam., 2012

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PAPER-I CIVIL LAW-1

1. The Code of Civil Procedure recognises:

(A) Preliminary decree

(B) Final decree

(D) All of the above

2. In which of the following suits, the CPC provides for passing of preliminary decree?

(A) Suits for pre-emption

(B) Suits for possession and mesne profits

(D) All of the above

3. Under Section 2(3) of CPC a decree-holder means:

(A) A person who is not a party to a suit but in whose favour an order capable of execution has been passed

(B) The plaintiff

(D) All of the above

4. Under Section 2(5) of CPC, two conditions must be satisfied to bring a court within the definition of a foreign court:

(A) Court must be situated outside India

(B) Court must not have been established by Central Government

(D) All of the above

5. Which of the following is not a legal representative under Section 2(11) of the CPC?

(A) Executors and administrators

(B) Official assignee or receiver

(D) Residuary legatees

6. Which provision of CPC defines Mesne profits?

(A) Section 2(11)

(B) Section 2(12)

(D) Section 2(14)

7. Under CPC an adjudication of a court which is not a decree, is:

(A) an Order

(B) a Summon

(D) a Judgment

8. Which of the following is a basis of the jurisdiction of a court?

(A) Subject matter

(B) Pecuniary value

(D) All of these

9. Which of the following suits is of civil nature?

(A) Suits relating to right to property

(B) Suits relating to right of worship

(D) All of the above

10. Which of the following suits is not of civil nature?

(A) Suits involving principally caste questions

(B) Suits involving purely religious ceremonies

(D) All of the above

11. Which Section of the CPC lays down the rule of res sub judice?

(A) Section 15

(B) Section 13

(D) Section 10

12. The doctrine of res judicata is based on maxims:

(A) Nemo debt bis vexari pro una eteadem causa (Non man should be vexed twice for the same cause)

(B) Interest republicae ut sit finis litium (It is in the interest of state that there should be an end to a litigation)

(D) All of the above

13. The doctrine of res judicata is based on:

(A) Public policy reflected in maxims (B) and (C) in question 12

(B) Private justice reflected in maxim (A) in question 12

(D) None of the above

14. The rule of constructive res judicata is:

(A) a product of judicial interpretation

(B) a rule of equity

(D) a part of Supreme Court rules

15. ‘A’ sues ‘B’ for rent. ‘B’ contends that ‘C’ and not ‘A’ is the landlord. A fails to prove his title and the suit is dismissed. A then sues B and C for a declaration of his title to the property. Whether the suit is barred?

(A) The suit is not barred as the parties in both the suits are not the same

(B) The suit is barred as the relief claimed is almost same

(D) The suit is not barred as relief claimed is different

16. ‘A’ sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. ‘A’ files subsequent suit as manager of the Math. Is the suit barred?

(A) The second suit will be barred by res judicata

(B) The second suit will not be barred by res judicata

(D) None of the above

17. ‘A’ the tenant files a suit for permanent injunction against ‘B’ the landlord for not to be dispossessed except by due process of law pleading that ‘B’ is planning to forcibly dispossess him. During the pendency of above suit, ‘B’ attempts to forcibly disposes ‘A’. ‘A’ files another suit for injunction.

(A) The second suit is barred by res judicata

(B) The rule of res sub judice will apply

(D) None of the above

18. “If the writ petition under Article 226 in a High Court is dismissed on the merits (i.e. dismissed in limine); but because of laches of the party applying for the writ or because it is held that the party had an alternative remedy available to it, then dismissal of writ petition (under Article 226) would not constitute a bar to a subsequent petition under Article 32.” This principle was laid down by Supreme Court in:

(A) Daryao v.Sate of U.P.

(B) Daryao v. State of M.P.

(D) Mathura Prasad v. Dossibai

19. The rule of constructive res judicata applies to writ proceedings, however does not apply to writ of:

(A) Habeas corpus

(B) Certiorari

(D) Quo warranto

20. A foreign judgment is recognized in India, such a recognition is accorded not as an act of courtesy but on consideration of justice, equity and good conscience. This was held in:

(A) Satya v.Teja Singh

(B) Mills v. Prakash Chiman Lal.

(D) In re Andhra Bank

21. Which Section of the CPC declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?

(A) Section 13

(B) Section 14

(D) Section 20

22. “Mere production of a Photostat copy of a decree of a foreign court is not sufficient. It is required to be certified by a representative of Central Government in America” was held by the Supreme Court in:

(A) Narasimha Rao v. Venkata Lakshmi

(B) Roshanlal v. R.B. Mohan Singh

(D) None of the above

23. Which Section of CPC provides for institution of suits?

(A) Section 25

(B) Section 26

(D) Section 30

24. Order 7, Rule 10 to 10B provides for:

(A) Return of Plaint

(B) Admission of Plaint

(D) Documents relied on in Plaint

25. Rules as to issue and service of summons in CPC are laid down in:

(A) Order 5

(B) Order 7

(D) Order 11

26. The court may also permit service of summons by the plaintiff in addition to service of summons by the court by Order 5, and of CPC.

(A) Rule 9

(B) Rule 9A

(D) Rule 11

27. A party under CPC may object to answer in interrogatory if it is:

(A) Scandalous and irrelevant

(B) Malafide and immaterial

(D) All of these

28. Issues must be confined to:

(A) Facta Probanda

(B) Facta Probantia

(D) Oral Examination

29. Detailed rules regarding decree are dealt in:

(A) Order 20, Rule 1 to 5 and Rules 6 to 19

(B) Order 18, Rules 1 to 3 and Rules 4 to 13

(D) Order 20A

30. The principles governing execution of decree and orders in CPC are dealt within:

(A) Section 36 to 74 (substantive law) and Order 21 (procedural provisions)

(B) Section 36 to 74 (procedural provisions) and Order 21 (substantive law)

(D) Section 148 to 153B

31. The term res gestae is equivalent to facts mentioned in Section 6 of Evidence Act. It implies:

(A) Things done in the course of a transaction

(B) Fact in issue and surrounding circumstances

(D) All of the above

32. Which Section of the Evidence Act is called a “residuary” Section dealing with relevancy of facts:

(A) Section 11

(B) Section 12

(D) Section 14

33. Which Section of the Evidence Act lays down rules regarding relevant facts when the right or custom is in question?

(A) Section 12

(B) Section 13

(D) Section 15

34. “When the previous commission by the accused of an offence is relevant, the previous conviction of such person is also a relevant fact.” It is laid down in Section of Evidence Act.

(A) Section 14, Explanation 1

(B) Section 14, Explanation 2

(D) Section 16

35. The maxim—’’Nemo moriturous preasumitur mentire” is applicable in the Evidence Act to:

(A) Section 32(1)

(B) Section 32(2)

(D) Section 32(4)

36. Under which Section of the Evidence Act, an opinion of Experts is relevant?

(A) Section 41

(B) Section 43

(D) Section 45

37. In criminal cases, the good character is relevant under which Section of the Evidence Act?

(A) Section 51

(B) Section 52

(D) Section 54

38. Hearsay evidence is generally inadmissible. However, in which of the following cases it is admissible?

(A) Res gestae

(B) Admissions and confessions

(D) All of these

39. Which provision of the Evidence Act relates to admissibility of Electronic Records in evidence?

(A) Section 64

(B) Section 65

(D) Section 66

40. Which of the following is not a public document?

(A) Affidavit

(B) Judgement of court

(D) Will

41. Which of the following is a public document?

(A) A post-mortem report

(B) An insurance policy

(D) A private waqf deed

42. Which provision of the Evidence Act relates to presumption as to documents thirty years old (Ancient documents)?

(A) Section 89

(B) Section 90

(D) Section 91

43. Sections 101 to 11 T~of~ttie Evidence Act lays down provisions regarding who is to lead evidence and prove the case. These rules are called rules relating to:

(A) Burden of proof

(B) Presumption of fact

(D) Presumptions

44. Who amongst the following is nota competent witness?

(A) Chance witness

(B) Victim of rape

(D) Accused person in proceeding in which he is an accused

45. The Himachal Pradesh Court Act, 1976 received on the 26th May, 1976 the assent of the:

(A) President

(B) Himachal Pradesh Chief Minister

(D) All of the above

46. Which Section of the Himachal Pradesh Courts Act provides that the same person may, if the High Court thinks fit, be appointed to be the District Judge of two or more districts?

(A) Section 4

(B) Sections

(D) Section?

47. Which provision of the Himachal Pradesh Courts Act, provides for Appeals from District Judges or Additional District Judges?

(A) Section 19

(B) Section 20

(D) Section 21A

48. Which provision of the Indian Stamp Act describes the instruments which may be stamped with adhesive stamps?

(A) Section 9

(B) Section 10

(D) Section 12

49. “The liability to pay stamp duty arises before or at the time of the execution of the instrument.” Which provision of Indian Stamp Act provides it?

(A) Section 17

(B) Section 18

(D) Section 20

50. Which Section of the Indian Stamp Act provides penalty for failure to cancel adhesive stamp?

(A) Section 62

(B) Section 63

(D) Section 65

PAPER-II CIVIL LAW

1. An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others is:

(A) a voidable agreement

(B) a voidable contract

(D) a contract discovered to be void

2. Which of the following is correct under the Indian Contract Act, 1872?

(A) An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards

(B) All agreements are contracts but all contracts are not agreements

(C) A person who is usually of sound mind, bu t occasionally of unsound mind, may not take a contract when he is of sound mind

(D) The communication of a revocation is complete, as against the person to whom it is made, when it is put into a.course of transmission to the person to whom it is

3. Match List I with List II and select the correct answer by using the codes given below the lists:

List I List II

(a) Undue influence (i) Contracts uberrima fides

(b) Fraud (ii) Fiduciary relation

(d) Coercion (iv) Positive assertion not warranted by the information of the person making it

Codes:

(a) (b) (c) (d)

(A) (ii) (i) (iv) (iii)

(B) (i) (ii) (iii) (iv)

(D) (ii) (iii) (iv) (i)

4. A and B agrees that A shall pay B1,000 rupees, for which B shall afterwards deliver to a either rice or smuggled opium. Which of the following is correct?

(A) The agreement is void in its entirety

(B) This is a valid contract to deliver rice, and a void agreement as to the opium

(D) This is a voidable contract, voidable at the option of B

5. Section 41 of the Indian Contract Act, 1872 deals with:

(A) Effect of accepting performance from third person

(B) Person by whom promise is to be performed

(D) Effect of refusal of party to perform promise wholly

6. A promise to pay wholly or in part a debt of which the creditor might have enforced payment, but for the law for the limitation of suits is a contract:

(A) if it is made in writing only

(B) if it is made in writing and registered under the la w for the time being in force

(D) even if made orally

7. Where the debtor has omitted to intimate, and thee are no other circumstances indicating to which debt the payment is to be applied:

(A) the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, provided its recovery is not barred by the law

(B) it is to be applied in discharge of the debts in order of time

(D) the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suits

8. The case Frost v. Knight (1872) LR 7 Ex. 111, related to:

(A) anticipatory breach of contract

(B) frustration of contract

(D) discharge of contract by agreement

9. Which of the following is correct statement?

(A) A bank guarantee constitutes a separate, distinct and independent contract

(B) The cardinal rule is that the guarantor must not be made liable beyond the terms of his engagement

(C) The finder of goods may sue the owner of the goods -for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner

(D) Both the (A) and (B)

10. Which of the following is correct statement?

(A) A person, named by the agent, to act for the principal in the business of the agency, is a sub-agent

(B) An agent is not liable for the acts of a disclosed principal subject to a contract to the contrary

(C) A person with whom a contract has been entered into in the character of agent, is entitled to require the performance of it, if he was in reality acting, not as agent, but on his own account

(D) When the agent commits a crime at the instance of the principal, he can claim indemnity from the principal against the consequences of the crime

11. Law of limitation is:

(A) a procedural law

(B) a substantive law

(D) none of the above .

12. Provisions of Section 3 of the Limitation Act, 1963 are:

(A) directory

(B) discretionary

(D) permissive

13. "The laws of limitation are a means of ensuring private justice, suppressing fraud and perjury, quickening diligence and preventing oppression.” The Supreme Court made this observation in:

(A) Motichand v. Munshi, AIR 1970 SC 898

(B) Rajender Singh v. Santa Singh, AIR 1973 SC 2537

(D) N. Bala Krishnan v. M. Krishnamurthy, AIR 1998 SC 3222

14. Provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908, is contained in:

(A) Section 28 of the Limitation Act, 1963

(B) Section 29 of the Limitation Act, 1963

(D) Section 31 of the Limitation Act, 1963

15. The general rule is that “The law of limitation only bars the remedy but does not extinguish the right itself”. The exception to this rule is contained in:

(A) Section 31 of the Limitation Act, 1963

(B) Section 27 of the Limitation Act, 1963

(D) Section 25 of the Limitation Act, 1963

16. A suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of:

(A) 30 years

(B) 12 years

(D) 3 years

17. If a suit is based on multiple causes of action, the period of limitation will begin to run from:

(A) the date, when the right to sue first accrues

(B) the date, when any successive violation of right accrues

(D) the day the violation of the right comes to the knowledge of the party

18. Match List I with List II and select the correct answer by using the codes given below the lists. It relates to the law of limitation:

List I List II

(a) Suit in form a pauperis (i) Section 13, the Limitation Act, 1963

(b) Proceedings injunction stayed by an (ii) Section 14, the Limitation Act, 1963

(d) Effect of fraud on limitation (iv) Section 17, the Limitation Act, 1963

Codes:

(a) (b) (c) (d)

(A) (i) (ii) (iii) (iv)

(B) (i) (iii) (ii) (iv)

(D) (iii) (iv) (i) (ii)

19. An application for setting aside of an arbitration award has to be field:

(A) within 30 days from the date of service of the notice of the filing of the award

(B) within 15 days from the date of service of the notice of the filing of the award

(D) within 60 days from the date of service of the notice of the filing of the award

20. In which of the following cases, the nature, scope and object of acknowledgement within the meaning of Section 18 of the Limitation Act, 1963 was relevant before the Apex Court:

(A) Shapur Fredoom Mazda v. Durga Prasad Chamaria, AIR 1961 SC 1236

(B) Prabhakaran v. M. Azhagiri Pillai, AIR 2006 SC 1567

(D) All the above

21. A, a Hindu, during subsistence of first marriage solemnized second marriage without obtaining divorce. Who are not entitled to grant of succession certificate on the death of A?

(A) First wife

(B) Second wife

(D) Children born out of first wife

22. In explaining “unsound mind” a ground for seeking divorce under the Hindu Marriage Act, 1955 in which of the following cases the Supreme Court held “a sound mind indisputably is a key to a happy married life”.

(A) Sharda v. Dharmpal, AIR 2003 Sc 3450

(B) Gautam Kundu v. State of W.B., AIR 1993 SC 2295

(D) Bipin Chandra v. Prabhavati, AIR 1957 SC 176

23. Which of the following Sections of the Hindu Marriage Act, 1955, provides that children of a void marriage would be the legitimate children?

(A) Section 11

(B) Section 16

(D) Section 18

24. Within the meanings of the Hindu Adoption and Maintenance Act, 1956, which of the following statements is not correct?

(A) A lunatic Hindu below the age of 15 years is not capable of being taken in adoption

(B) A valid adoption once made cannot be cancelled

(D) Adoption is now said to be a purely secular institution

25. While examining the amplitude of cruelty for the purposes of the Hindu Marriage Act, 1955, the Hon’ble Supreme Court, in which of the following cases, laid down broad parameters which may be relevant in dealing with the case of mental cruelty:

(A) V. Bhagat v. D. Bhagat, AIR 1994 SC 710

(B) Naveen Kohli v. Neelu Kohli, AIR 2006 SC 1675

(D) Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511

26. A Hindu male can claim maintenance from his wife under:

(A) Section 24 of the Hindu Marriage Act, 1955

(B) Section 18 of the Hindu Adoption and Maintenance Act, 1956

(D) None of the above provisions

27. The rules regulating “the distribution of property among heirs in class I of the schedule” to the Hindu Succession Act, 1956 are contained in:

(A) Section 9

(B) Section 10

(D) Section 12

28. Regard being had to the provisions of the Hindu Succession Act, 1956, which of the following statements is not correct?

(A) If a Hindu woman had any existing interest in a property howsoever small, prior to the enactment of the Hindu Succession Act, 1956, the same would blossom into a full-fledged right by virtue of the operation of Section 14(1) thereof

(B) The right of daughter in coparcenary property is not lost by passing of preliminary decree for partition before the 20th day of December, 2004

(C) If a right is created in a Hindu female for the first time in respect of any property under any instrument or under a decree, where a restricted estate in such property is prescribed, the provision of Section 14(2) of the above Act would be attracted and would not convert such a right into a full-fledged right of ownership of the property

(D) The right of daughter in coparcenary property is not lost by any testamentary disposition of property which had taken place before the 20th day of December, 2004.

29. Regard being had to laws relating to Hindu, which of the following is not correct?

(A) Irretrievable breakdown of the marriage is not a ground by itself, to dissolve it

(B) When evidence disclosed that parties, belonging to Santhal Tribe, were following customs of Hindus and not of Santhals, provision of Hindu Succession Act, 1956, would apply to inheritance of property

(C) Allegations against wife of unchastity, indecent familiarity with another person and extra-marital relationship made in written statement filed by the husband would not constitute cruelty

(D) None of the above

30. Considering the provisions of the Hindu Minority and Guardianship Act, 1956, the Supreme Court in which of the following cases, held that “the mother can be considered to be the natural guardian of her minor child even when father is alive”:

(A) Jijabai Vithalrao Gajre v. Pathankhan AIR 1971 SC 315

(B) Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625

(D) Both (A) and (C)

31. The Transfer of Property Act, 1882 applies to transfer of property:

(A) made by act of parties

(B) by operation of law

(D) in execution of a decree or order of a court of competent jurisdiction

32. Regard being had to the provisions of the Transfer of Property Act, mark, which of the following statements is not correct:

(A) A transfer of property may be made without writing in every case in which a writing is not expressly required by law

(B) A property cannot be transferred directly to an unborn person, but, it can be transferred for the benefit of an unborn person

(C) He, who accepts a benefit under a deed must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it

(D) None of the above

33. Rule of feeding the estoppel is contained in:

(A) Section 41 of the Transfer of Property Act, 1882

(B) Section 42 of the Transfer of Property Act, 1882

(D) None of the above

34. Section 65 of the Transfer of Property Act, 1882 contains provisions relating to:

(A) Implied contracts by mortgagor

(B) Implied contracts by mortgagee

(D) Rights of unufructuary mortgagor

35. A donee which has taken all the properties of the donor and also liable to discharge all the liabilities of the donor is known as:

(A) an onerous donee

(B) a gratuitous donee

(D) none of the above

36. Regard being had to the provisions of the Transfer of Property Act, 1882, match List I with List II and select the correct answer by using the codes given below the lists:

List I List II

(a) Spes successionis (i) Section 6(c)

(b) Right of re-entry (ii) Section 6(a)

(d) Right to sue (iv) Section 6(b)

Codes:

(a) (b) (c) (d)

(A) (ii) (iv) (i) (iii)

(B) (i) (ii) (iii) (iv)

(D) (iv) (iii) (ii) (i)

37. Regard being had to the provisions of the Transfer of Property Act, 1882, match List I with List II and select the correct answer by using the codes given below the Lists:

List I List II

(a) Lit lite pendente (i) Lis pendens nihil innovetur

(b) Quifacitper (ii) Constructive a Ilium f acit per se notice

(d) Qui sentit (iv) Ostensible owner commodum sentire debtet onus

Codes:

(a) (b) (c) (d)

(A) (i) (ii) (iii) (iv)

(B) (i) (ii) (iv) (iii)

(D) (i) (iii) (iv) (ii)

38. The principle “Once a mortgage always a mortgage”, a principle based on equity, justice and good conscience, was for the first time evolved in:

(A) Harris v. Harris

(B) Noakes v. Rice

(D) Reeve v. Lisle

39. Provisions for “determination of lease” for the purpose of the Transfer of Property Act, 1882, are contained in:

(A) Section 107

(B) Section 111

(D) Section 113

40. A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. Which of the following is correct?

(A) C;s lease is renewed from month to month

(B) C's lease is renewed from year to year

(D) None of the above

41. The provisions of the Himachal Pradesh Urban Rent Control Act, 1987 do not apply to:

(A) an area administered by the Municipal Corporation

(B) an area administered by a Notified Area Committee

(D) a building owned by the Government of the State of Himachal Pradesh

42. Who among the following is not a “specified landlord” for the purposes of the H.P.U.R.C. Act, 1987?

(A) A retired army personnel, who happens to purchase a building after his retirement from the military service

(B) A person who is entitled to receive rent in respect of a building on his own account and who is holding an appointment in a public service

(D) A landlord who is employed in a nationalised bank

43. For the purposes of the H.P.U.R.C. Act, 1987, which of the following statements is not correct?

(A) An application for determination of fair rent may be made to the controller by the landlord or by the tenant

(B) The order fixing the fair rent is a judgement in person am and not a judgement in rem

(C) The expression "new tenant" for the purpose of Section4 of the Act is a tenant who takes on rent a building for the first time

(D) None of the above

44. Sepcial procedure for the disposal of application for eviction contained in Section 16 of the H.P.U.R.C Act, 1987 is application in a case falling under:

(A) Section 14(3)(a)(i)

(B) Section 14(3)(a)(ii)

(D) Section 14(3)(a)(iv)

45. Under the H.P.U.R.C. Act, 1987, 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 five 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 a further increase of rent in cases where he has done some additions, improvements on his own expenses and at the request of his tenant

(D) A landlord is entitled to increase of rent even for improvement made before the determination of fair rent

46. Under the H.P.U.R.C. Act, 1987, which of the following is not a ground for eviction of the tenant from a non-residential premises?

(A) bona fide need for residential purpose

(B) subletting

(D) commission of an act likely to impair materially the value of the rented premises

47. Section 19 of the H.P.U.R.C. Act, 1987 provides for:

(A) Lease of Vacant building by the controller

(B) Deposit of rent by the tenant

(D) None of the above

48. No appeal or second appeal lies against an order made by the controller under the H.P.U.R.C. Act, 1987 in accordance with the provisions of:

(A) Section 4

(B) Section 15

(D) Section 17

49. For the purpose of H.P.U.R.C. Act, 1987, which of the following statements is not correct?

(A) Where the ground for eviction of tenants is a recurring cause, the landlord is not precluded from instituting fresh proceedings on the said ground

(B) The bona fide need, a ground for eviction of a tenant, must be considered with reference to the time when a suit for eviction is filed

(C) It cannot be assumed that once the question of necessity is decided against’ the landlord, it has to be assumed that lie will not have a bona fide and genuine necessity ever in future

(D) When a petition filed by the landlord on ground of bona fide necessity was dismissed in default, the application for restoration of the same was also dismissed, the landlord, would be precluded from instituting fresh eviction petition on ground that he required the premises bona fide for the purpose of rebuilding

50. Where the Rent Controller is satisfied that the application for eviction under the H.P.U.R.C. Act, 1987, was made by the landlord on frivolous or vexatious grounds, he is empowered to inflict the following penalty on the landlord:

(A) Penalty upto Rs. 500

(B) Penalty upto Rs. 1000

(D) Imprisonment upto 2 years and fine

PAPER-III CRIMINAL LAW

2. Actus non facit ream, nisi mens sit rea implies:

(A) The act does not constitute guilt unless done with a guilty intention

(13) The act constitutes guilt even it done with a bona fide intention

(D) None of the above

1. Match List I with List II and select the correct answer by using codes given below:

List I List II

(a) Common Intention (1) Section 34

(b) Good Faith (2) Section 149

(d) Common Object (4) Mistake of fact

Codes:

(a) (b) (c) (d)

(A) (1) (4) (3) (2)

(B) (1) (2) (3) (4)

(C). (4) (3) (2) (1)

(D) (4) (1) (2) (3)

3. Examine the two statements and give the correct answer:

Assertion (A): A did not try to extinguish fire so that he could earn more money from insurance company, held guilty of Arson.

Reason (R): Actus non facit ream, nisi mens sit rea.

(A) Both (A) and (R) are true and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true and (R) is not correct explanation of (A)

(D) (A) is false but (R) is true

4. The punishment prescribed under the IRC for the acts which cause slight harm is:

(A) 15 days

(B) 30 days

(C). No punishment

(D) None of these

5. A intending to murder B by poison, purchases poison and mixes the same in a glass of water. He gives it to the bearer to serve it to ‘B’. The bearer while approaching B loses the balance and glass drops out of his plate. What offence has A committed?

(A) A has committed no offence

(B) A has committed the offence of attempt to commit murder

(D) A has committed the offence of attempt to commit homicide

6. Section 497 of IRC defines “Adultery” thus: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another.” Here, actus reus relates to:

(A) Time

(B) Place

(D) Married woman

7. The provisions of Section 498A IRC which punish the husband or any of his relative for harrashing the married woman for dowry, were introduced in IRC by:

(A) Act 4,6 of 1983

(B) Act 43 of 1986

(D) Act 24 of 1995

8. Importation of a girl from foreign country into India to force her for sexual intercourse with any other man, is a punishable offence under Section 366B IRC provided the age of girl is:

(A) Below 14 years

(B) Below 16 years

(D) Below 21 years

9. Under which of the following sections of IRC the word ‘Public Servant’ has been defined?

(A) Section 14

(B) Section 21

(D) Section 20

10. What is the maximum period for which a court can award punishment of solitary confinement?

(A) one month

(B) two months

(D) no limit

11. Under which of the following sections of IRC the death sentence can be commuted without the'consent of the offender:

(A) Section 53

(B) Section 54

(D) None of these

12. Buying or disposing of any person as slave is punishable offence under IRC under:

(A) Section 370

(B) Section 373

(D) Section 374

13. Match List l and List II and select the correct answer by using the codes given below:

List I List II

(a) Punishment for (1) 3 years “Dishonest imprisonment or misappropriation"

fine of property or both

(b) Punishment for (2) One year the offence oh imprisonment or

"Mischief" fine or both

"Cheating" or both

(d) Punishment for (4) Imprisonment of the offence of two years or

"Criminal Breach of Trust" fine or both

Codes:

(a) (b) (c) (d)

(A) (3) (2) (1) (4)

(B) (2) (3) (4) (1)

(D) (4) (3) (2) (1)

14. The offence of theft becomes robbery when it is:

(A) Coupled, with force

(B) Committed by two or more but less than five persons

(D) Coupled with imminent danger to life

15. Examine the two statements and give the correct answer:

Assertion (A): A boy of six and half year old intentionally kills B. A is not liable for murder. Reason (R): A child under the age of seven years is immuned from criminal liability

(A) Both (A) and (R) are true and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true but (R) is not the correct explanation of (A)

(D) (A) is false but (R) is true

16. A, a mentally disturbed person picks out revolver and point towards B and attempted to fire at B. B picks a flower pot and hits A causing grevious hurt to A:

(A) B is liable for causing grevious hurt to A

(B) B is not liable for causing grevious injury but simple hurt

(D) Right of private defence is not available against a mentally disturbed person

17. ‘X’ told his friend ‘Y’ that he was going to shoot down ‘Z’ in the evening. In the evening ‘X’ with a loaded pistol, entered in the street in which ‘Z’ was living shouting “come out and he killed.” ‘Z’ did not come out and ‘X’ went away. Which of the following statements is correct?

(A) 'X' is liable for an attempt to murder because he carried a loaded gun

(B) 'X' is liable for an attempt to murder because his intention to kill 'Z' was clear from his shouting

(D) 'X' is liable for an attempt tq> murder because he has clearly told 'Y' that he was going to shoot down 'Z'

18. Which of the following amounts to ‘Dacoity’?

(1) Five or more persons attempting to commit dacoity

(2) Five or more persons actually committing dacoity

(3) One attempting robbery and four others are there to aid

(4) One attempting robbery and four others aiding the commission of robbery

(A) (1), (2) and (3)

(B) (2), (3) and (4)

(D) (3) and (4)

19. Which is/are the leading cases on ‘Conspiracy’?

(A) Fakruddin v. The State of M.P.

(B) Hussain Umar v. Dalip Singh Ji

(D) All of the above

20. Right of private defence is not available:

(A) Against an insane

(B) Against a child

(D) All of the above

21. 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 any question of law

(B) On any question of fact

(D) None of the above

22. An excise duty or countervailing duty may be levied on any excisable article under the following section of Punjab Excise Act:

(A) Section 31

(B) Section 32

(D) Section 34

23. 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

(D) None of the above

24. No Holder of License to sell an intoxicant is penpitted to surrender his licence. Unless he has given a notice in writing to the collector. The period of such notice is:

(A) 15 days

(B) one month

(D) three months

25. Who has the power of arrest, seizure and detent on of any person found guilty under Sections 61 and 63 of Punjab Excise Act?

(A) An excise officer of such rank

(B) A police officer of such rank

(D) All of the above

26. A demand notice in writing has to be given to the drawer by the payee under Section 138 of “The Negotiable Instruments Act, 1881, after receiving intimation from the Bank of Dishonour of cheque, within the period of:

(A) 15 days

(B) 30 days

(D) none of the above

27. Who, of the followings, are not liable for prosecution under Section 141 of The Negotiable Instruments Act, 1881 ?

(A) Any person nominated as director by virtue of holding any office or employment in Central Government

(B) Any person nominated as director by virtue of holding any office or employment in State Government

(C) Any person nominated as director by virtue of holding any office or employment a central or state owned or controlled Financial Corporation

(D) All of the above

28. No court shall take cognizance of any offence punishable under Section 138 of The Negotiable Instruments Act, 1881 unless complaint is made, from the date of accrual of case of action, within:

(A) 15 days

(B) 30 days

(D) none of these

29. For the purpose of Section 141 of The Negotiable Instruments Act, 1881 ‘company’ means:

(A) Anybody corporate

(B) A firm

(D) All of the above

30. Match List I with List II and select the correct answer by using the codes given below the lists:

List I

(a) Cognizance of the offences

(b) Offences by companies and firms

(d) Power of court to try cases summarily

List II

(1) Section 138 of Negotiable Instruments Act, 1881

(2) Section 142 of the Negotiable Instruments Act, 1881

(3) Section 143 of the Negotiable Instruments Act, of funds 1881

(4) Section 141 of the Negotiable Instruments Act, 1881

Codes:

(a) (b) (c) (d)

(A) (1) (2) (3) (4)

(B) (2) (4) (1) (3)

(D) (4) (2) (1) (3)

31. How many persons representing NGO’s are to be nominated to National Board for Wildlife, by Central Government?

(A) Five

(B) Ten

(D) None of these

32. Analyse 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 ecological, 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) is the correct explanation of (A)

(B) Both (A) and (R) are true but (R) is not . the correct explanation of (A)

(D) ( A) is false but (R) is true

33. Under which of the following sections of the Wildlife (Protection) Act, 1972. The Centra! Government has the power to declare areas as sanctuaries or National Parks?

(A) Section 18

(B) Section 35

(D) None of these

34. An appeal from the orders or Central Zoo Authority shall lie to:

(A) District Court

(B) High Court

(D) Supreme Court

35. Who of the following, has the power to grant licenses for dealing in Trophy and Animal Articles?

(A) Any authorised officer

(B) Chief wildlife warden

(D) State Government

36. Who has the power to levy duty on timber and other forest produce?

(A) State Government

(B) Central Government

(D) Forest Settlement Officer

37. Under which of the following Sections of Indian Forest Act, a forest court can be constituted?

(A) Section 17

(B) Section 18

(D) None of these

38. 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

(D) Forest Settlement Officer

39. Who has the power of “seizure” when a forest offence has been committed as to any “forest produce"?

(A) Collector

(B) Forest officer

(D) Both (B) and (C)

40. Any person contravening any rule under the Indian Forest Act, 1927 for the contravention of which, no special penalty is provided shall be punishable with:

(A) Imprisonment for a term which may extend upto six months or with fine which may extend upto five hundred rupees or both.

(B) Imprisonment for a term which may extend upto one month or fine which may extend upto five hundred rupees or both

(C) Imprisonment for a term which may extend upto three months or a fine which may extend upto five hundred rupees or both

(D) Imprisonment for a term which may extend upto two years or a fine which may extend upto five hundred rupees or both

41. The provisions of ‘Plea-Bargaining’ under Chapter XXI A of Cr.P.C. are not applicable if the offence is committed against a child below the age of:

(A) 12 years

(B) 14 years

(D) 18 years

42. An Executive Magistrate is empowered to secure a Security Bond from habitual offenders under Section 110 of Cr.P.C. for a period not exceeding:

(A) one year

(B) two years

(C.) three years

(D) none of these

43. Inherent powers under Section 482 of Cr.P.C. can be exercised by:

(A) Any Criminal Court

(B) Supreme Court only

(D) High Court

44. To seek compliance of maintenance order, an aggrieved party must make an application to the court within the period of:

(A) Three months

(B) Six months

(D) None of these

45. Which Section of Cr.P.C. provides for confirmation by the High Court of an order of death sentence passed by Sessions Court prior to its execution?

(A) Section 366 (B) Section 368

46. Under which of the following chapter of Cr.P.C. provisions for “Preventive Action of the Police” are provided:

(A) Chapter X

(B) Chapter XI

(D) None of these

47. Any person, aggrieved by a refusal on the part of an officer in charge of a police station, to record the information relating to the commission of a cognizable offence may send the substance of such information, in writing and by post to:

(A) District Magistrate

(B) Magistrate having power to try the case

(D) Superintendent of Police Concerned

48. Which court has the power to grant maintenance to wife, children and parents under Cr.P.C.?

(A) Session Court

(B) Court of Magistrate 1st Class

(D) Court of Chief Judicial Magistrate

49. No Police Officer can investigate a non- cognizable case without the order of:

(A) Superintendent of police concerned

(B) Magistrate having the power to try such case or commit the case for trial

(D) Sessions Court

50. Who is authroised under Cr.P.C. to grant a warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph Authority?

(A) District Magistrate

(B) Chief Judicial Magistrate

(D) Magistrate 1st Class