Previous Year Question Papers · Haryana Assistant District Attorney (Pre.) Examination 2016

Haryana Assistant District Attorney (Pre.) Examination 2016

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1. Identify the punishment which is not prescribed under the category of punishments in the Indian Penal Code:

(A) Death

(B) Imprisonment for life

(D) Forfeiture of property

2. The maxim “actus non facit reum nisi mens sit rea” means:

(A) Prohibited act constitutes an offence

(B) Guilty intention of accused constitutes an offence

(D) Prohibited act followed by guilty intention constitutes an offence

3. When a criminal act is done by several persons in furtherance of the common intention of all:

(A) Each of such person is liable for that act in the same manner as if it were done by him alone

(B) Each of such person is liable for his own overt act

(D) Both(B)&(C)

4. Consider the following statements: The actus reus is made up of

(1) Human action which is usually termed as conduct

(2) The result of such act in the specified circumstances which is designated as injury

Which one of the statements above is/ are correct?

(A) (l)only

(B) (2) only

(D) Neither (1) nor (2)

5. A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has committed an offence of:

(A) Cheating

(B) False representation

(D) Fabricating false evidence

6. Which one of the following statement is correct:

(A) Abetment of an offence is an incomplete offence

(B) Abetment of an offence is a continuing offence

(D) Abetment of an offence is an offence depending upon circumstances of the case

7. ‘A’ entered a house to commit theft. Old lady living in the house saw the thief and shouted for help. Neighbors collected near the house and caught hold of the thief who was trying to escape. The neighbors gave the thief beatings with fists and lathis. The neighbors are liable for:

(A) Similar intention

(B) Common intention

(D) Conspiracy

8. A village Vaidya used to successfully operate wounds with shaving blade. Victim who Was suffering from piles was operated with shaving blade by the Vaidya. Due to profound bleeding, the victim died and the Vaidya was prosecuted for causing death of the victim. It you are a defence lawyer under which of the following sections of the Indian Penal Code you can defend the Vaidya.

(A) Section 87

(B) Section 88

(D) None of the above

9. The Supreme Court of India has struck down the punishment of death when a prisoner commits murder while under the sentence for life in the case of

(A) Mithu Singh v. State of Punjab

(B) Raghubir v. State of Haryana

(D) Maru Ram v. State of Punjab

10. Common intention and similar intention was distinguished in the famous case:

(A) Barendra Kumar Ghosh v. Emperor

(B) Mehboob Shah v. Emperor

(D) Rishidev Pandey v. State of UP

11. The plea of sudden and grave provocation under section 300 Exception (1) of the Indian Penal Code is a:

(A) Question of Law

(B) Question of Fact

(D) Presumption under Law

12. Preparation and Attempt are two stages for commission of an offence. Preparation is generally not punishable. The reason for making preparation not punishable is:

(A) Lack of relationship between preparation and attempt

(B) Possibility of change in mind before ,y commission of the offence

(D) Absence of attempt

13. Carefully read following statements:

(1) According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of IPC, requirement is of five persons.

(2) According to Section 34 of IPC, common intention is required whereas under Section 149 IPC, common object is required

(3) Previous consent is required under Section 34 & 149 of IPC

(4) Section 34 of IPC and Section 149,of IPC constitutes a specific offence

Which of the above statements is true:

(A) (1) and (3)

(B)(2) and (3)

(D) (2) and (4)

14. When is an arrested person entitled to meet an advocate of his choice?

(A) During interrogation

(B) After interrogation

(D) All the above are correct

15. Where shall the State Government establish a police control room?

(A) In every district

(B) At State level

(D) Only (A) and (B) are correct

16. Any private person may arrest any person who:

(A) Commits non-bailable offence in his presence

(B) Commits non-bailable offence and cognizable offence in his presence

(D) Commits non-bailable and cognizable offence in his presence or is a proclaimed offender

17. Every warrant of arrest shall remain In force until:

(A) It is executed

(B) Cancelled by court which issued it

(D) Only (1) and (2) are correct

18. Who can record confessions and statements under section 164 of Code of Criminal Procedure?

(A) Any. Executive Magistrate or Metropolitan Magistrate

(B) Any Metropolitan Magistrate or Judicial Magistrate irrespective of his jurisdiction

(D) Any Metropolitan Magistrate or Judicial Magistrate having jurisdiction in case

19. In case of the information as to non- cognizable cases, a police officer is bound to:

(A) Only enter the information in his diary

(B) Only refer the informant to the Magistrate

(D) Enter the information in his diary and refer the informant to the Magistrate

20. Any police officer making an investigation can:

(A) Record confessional statement of accused

(B) Record statement of witnesses

(D) Both (A) and (B) are correct

21. Police report under the Criminal Procedure Code of 1973 is:

(A) A report made to the police

(B) Report of police officer on completion of investigation sent to a competent Magistrate

(D) An ad-hoc report

22. First Information Report is not a substantive evidence, it can be used during trial for the following:

(A) Only to corroborate the evidence of the informant

(B) Only to contradict the evidence of the informant

(D) For neither (A) nor (B)

23. Point out most accurate answer:

Under Section 125(4) of Cr.P.C. who among the following cannot claim maintenance:

(A) Only a wife living in adultery

(B) Only a wife living separately by mutual consent

(D) Neither (A) nor (B) are correct

24. Which Section of the Code of Criminal Procedure provides for the confirmation by the High Court of an order of death penalty passed by Session Court prior to ifs execution:

(A) Section 366

(B) Section 371

(D) Section 368

25. Any proceeding during which evidence is taken on oath is called:

(A) Inquiry

(B) Investigation ,

(D) Judicial proceeding

26. The maximum sentence of imprisonment a Chief Judicial Magistrate can impose is:

(A) 3 years

(B) 7 years

(D) No limit

27. The question whether a statement was recorded during investigation is a:

(A) Question of law

(B) Question of fact

(D) Question of fact or question of lavel depending on the facts to circumstances

28. Which one of the following is not correctly matched:

(A) Reference to High Court — Section 395

(B) High Court's Power, of Revision — Section 401

(D) Appeals from conviction—Section 374

29. Indian Evidence Act was drafted by:

(A) Lord Macaulay

(B) Sir James F. Stephen

(D) Sir D.F. Mulla

30. Law of Evidence is:

(A) Lex tallienis

(B) Lex fori

(D) Lex situs

31. Whether in criminal proceedings the previous good character of an accused person is relevant:

(A) No

(B) Yes

(D) Depends on the offence alleged

32. Whether the contents of documents or electronic records, can be proved by oral evidence?

(A) Yes

(B) No

(D) When the witness is an expert witness

33. R.K. Malkani v. State of Maharashtra is related , to which of the following:

(A) Relevancy of facts forming part of same transaction

(B) Documentary evidence

(0) Leading Question

(D) Accomplice

34. A confession by an accused made while in police custody, be proved against him only when made in the immediate presence of:

(A) A doctor

(B) A lawyer

(D) Family members

35. ‘A’ Is tried for riot and is proved to have marched at the head of a mob. The cries of the mob are:

(A) Irrelevant

(B) . Relevant but not explanatory of the nature of the transaction

(D) Hearsay evidence

36. An admission is the best evidence against the maker if it is:

(A) Oral only

(B) Documentary only

(D) Either oral, or documentary or contained in electronic form

37. A magistrate can be compelled to answer questions on his own conduct as a Magistrate in Court:

(A) By another Magistrate

(B) By a police officer

(D) By an order of a court to which he is subordinate

38. A witness, who is unable to speak, gives his evidence in writing or by signs in the open court; evidence so given shall be deemed to be:

(A) Inadmissible

(B) Hearsay evidence.

(D) Oral evidence

39. Evidence by a dumb witness in sign language must.be given:

(A) In open court

(B) In chambers of the Judge

(D) In open court and video graphed

40. The Supreme Court Judgment in Palvinder Kaur v. State of Punjab relates to:

(A) Confession

(B) Dying declaration

(D) Relevancy of judgments

41. Which of the following is correctly matched according to Indian Evidence Act:

(A) Refreshing Memory—Section 158

(B) Identification Parade — Section 10

(D) None of the above

42. The statement of a solitary witness:

(A) Can be relied upon by a Court

(B) Cannot be relied upon by a Court

(D) None of the above

43. Court will presume an abetment of suicide by a married woman, when it is shown that she committed suicide within a period of of her marriage:

(A) Three years (B) Five years

44. Which is the correct order of examination of witnesses?

(A) Cross-examination, examination-in- chief, re-examination

(B) Examination-in-chief, re-examination, cross-examination

(D) None of these

45. In popularly known as the Gandhi Judgment, Supreme Court held that in the name of artistic freedom or critical thinking or generating the idea of creativity, a poet or a writer cannot put into the voice or image of a “historically respected personality” like Mahatma Gandhi, such language, which may be obscene

(A) Devidas v. State of Maharashtra 2015

(6) SCC1

(B) PUCL v. Union of India

(D) Common Cause v. Union of India, 2015 (7) SCC1

46. The Supreme Court in which case directed all the States and Union Territories to consider the plight of acid attack victims and take appropriate steps regarding inclusion of their names under the disability list.

(A) Parivartan Kendra v; Union of India 2016 (3) SCC 571

(B) Devidas v. State of Maharashtra 2015 (6)SCC1

(D) ABC v. State of (NCT of Delhi) 2015 (10) SCC1

47. Deccan Rivers are fed by:

(A) Snow

(B) Rain

(D) None of the above

48. The Inter-State Council is headed by:

(A) Prime Minister

(B) President

(D) Law & Justice Minister

49. Words are divided into parts of speech according to:

(A) the work that they do in a sentence

(B) the position they occupy in a sentence

(D) according to the number of letters in each word

50. A group of words which forms part of a sentence is a clause if it contains:

(A) A subject

(B) A predicate

(D) None of these

51. An adverb adds something to the meaning of a:

(A) Noun

(B) Adjective

(D) Pronoun

52. In, “Neither accusation is true”, the word “neither” is a:

(A) Distributed numeral adjective

(B) Demonstrative adjective

(D) Interrogation adjective

53. The genitive case of the relative pronoun “who” is:

(A) Who

(B) Whose

(D) None of these

54. “The mason is building the wall”, is a sentence in:

(A) Active voice

(B) Passive voice

(D) Imperative mood

55. Which one of the following is not a suit of civil nature?

(A) Suit relating to rights of worship

(B) Suit' involving purely religious rights ’

(D) Suit for rights to hereditary office

56. Under which one of the following Sections of the CPC, the court may ask parties to a dispute to go for mediation:

(A) Section 88

(B) Section 89 t

(D) Section 89A

57. A decree may be executed under Civil Procedure Code by:

(A) Collector

(B) Sub-Collector

(D) The Court which passed the decree

58. Under Civil Procedure Code find the incorrect match:

(A) Sections Revenue Court

(B) Section 7 Provincial Small Causes Court

(D) Section 8 Presidency Small Causes Courts

59. Which one of the following “Orders and Rules” of the CPC provide for “Framing of Issues”.

(A) Order VIII Rule 1

(B) Order XIV Rule 1

(D) Order XIV Rule 5

60. the doctrine of res judicata under Section 11 Code of Civil Procedure, 1908 applied to:

(A) Decision of a court Without jurisdiction

(B) A writ of mandamus and of certiorari

(D) A writ of habeas corpus

61. Under which of the following provisions of CPC, the Court may at any stage of the proceedings allow either party to alter or amend his pleadings:

(A) Order VI Rule 14

(B) Order VI Rule 15

(D) Order VI Rule 17

62. “It is a statement of claim, a document by presentation of which the suit is instituted.” It is called as:

(A) Affidavit

(B) Written Statement

(D) Plaint

63. A “Caveat” shall not remain in force after the expiry of

(A) 30 days of its filing

(B) 60 days of its filing

(D) 120 days of its filing

64. Under which provision of CPC, execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided:

(A) Order XXI Rule 30

(B) Order XXI Rule 31

(D) Order XXI Rule 34

65. Pleadings should state:

(A) Material facts

(B) The law'

(D) Any facts

66. Which one of the following under CPC is not correctly matched:

(A) Section 50 — Legal Representative

(B) Section 77—Letter of Request

(D) Section 11—Res-Sub-judice

67. An Offer must be

(A) General

(B) Specific

(D) Possible

68. Communication of acceptance is complete:

(A) Before the offer is revoked

(B) When acceptance is put in the course of transmission

(D) After the revocation of acceptance reaches to the offeror

69. The following rules as to consideration is true:

(A) It must be adequate

(B) Must move at the desire of the promisor

(D) It must move at the desire of the promisee

70. When a minor is supplied with necessaries of life, the supplier:

(A) Cannot recover the price

(B) Can recover the price

(D) Can file a criminal case

71. Which one of the following is correct:

(A) Past consideration is no consideration

(B) Consideration can be past, present or future

(D) Consideration can only be present & future

72. When the consent to the contract is caused by coercion, the contract is:

(A) Valid

(B) Voidable

(D) Illegal

73. Arrange the sequence of the following concepts in which they appear in a contract, using the code:

(1) Communication of acceptance

(2) Deceit

(3) Invitation to Offer

(4) Damages

Codes:

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

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

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

74. The acceptance given by ‘Y’ on X’s invitation for lunch over phone is not a contract because of which one of the following?

(A) The acceptance was given orally

(B) The parties did not come face to face

(D) Invitation cannot be proved in a court of law

75. Consider the following statements:

(1) An agreement without consideration is void

(2) Consideration should have some value in the eyes of law

(3) Consideration must be adequate Which one of the statement above is/ are correct?

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

(B) (1) and (3) only

(D) (1) and (2) only

76. The Sale of Goods Act, 1930 is based on:

(A) The English Bill of Exchange Act, 1882

(B) The Transfer of Property Act, 1882

(D) The Indian Contract Act, 1872

77. A bill of lading is:

(A) A negotiable instrument like a bill of exchange

(B) A negotiable instrument like a promissory note

(D) Neither (A) nor (B)

78. The judgment of the Supreme Court in Indian Steel and Wire Products v. State of Madras, AIR 1968 SC 478, is a decision on:

(A) Sale and statutory transaction

(B) Contract of sale and contract for work or service

(D) Contract of sale and bailment

79. A Partner of an unregistered Firm cannot sue the Firm or any other Partner of the Firm to enforce a right:

(A) Arising from a contract

(B) Conferred by the Partnership Act

(D) Both (A) and (B)

80. Registration of Firm does not create Partnership, but is only the evidence of Partnership:

(A) True

(B) Partly True

(D) Partly False

81. The account! ng rule i n respect of loss arising due to insolvency of a Partner is dealt with:

(A) Gamer v. Murray

(B) Hyde v. Wrench

(D) Derry v. Peek

82. The Doctrine of Holding Out is mentioned in:

(A) Section 25 of the Indian Partnership Act

(B) Section 28 of the Indian Partnership Act

(D) None of the above

83. Which one of the following is not correctly matched:

(A) Definition of Partnership—Section 4

(B) Paftnership at Will — Section 7

(D) Authority of Partner in Emergency - Section 23

84. What is the consequence when the age of a Hindu girl at her time of marriage under Hindu Marriage Act, 1955 is less than 18 years:

(A) The marriage is valid but punishable

(B) The marriage is void

(D) The marriage is illegal

85. Which of the following pairs is correctly matched?

(A) Yamunabai v. Anant Rao (1988) — Cruelty

(B) Sobha Rani v. Madhukar Reddy (1988) — Desertion

(D) Sarla Mudgal v. Union of India (1995) — Divorce on Ground of Conversion

86. ‘X’ a Hindu aged 28 years marries ‘Y’ aged 25 years according to Hindu rites. It turns out that at the time of marriage ‘Y’ was pregnant by someone other than ‘X’. The marriage between ‘X’ and ‘Y’ is:

(A) Illegal

(B) Void

(D) Not a marriage at all under Hindu Marriage Act

87. In which of the following reports, the Law Commission recommended the “Breakdown Principle” to be accepted as the additional ground for divorce:

(A) In 70th Report

(B) In 72nd Report

(D) In none of the above

88; Prohibited degree and sapinda relationship are:

(A) Mutually exclusive

(B) Dependant on each other

(D) None of the above

89. The concept of “Antecedent debt” is first of all well described in case of

(A) Brij Narayan Rai v. Mangal Prasad ‘

(B) Pannalal v. Narayan

(D) Girja Shankar v. Navin Chandra

90. Coparcenary property of a Hindu:

(A) Devolves by succession

(B) Devolves by survivorship

(D) Cannot be partitioned

91. Supreme Court in which of the following case held that women can also be manager of a Joint Family.

(A) Shreya Vidyarthi v. Ashok. Vidyarthi 2015 (13) SCALE 643

(B) ABC v. State (NCT of Delhi) 2015 (10) SCC1

(D) Devidas v. State of Maharashtra 2015 (6)SCC1

92. ‘A’ marries ‘B’, the widow of his elder brother. The marriage is:

(A) Valid

(B) Void

(D) None of the above

93. The limit of testamentary power by Muslim is:

(A) 1/8

(B) 1/3

(D) None of these

94. Which of the following are sources of Muslim Law?

(A) Quran

(B) Ijmaa

(D) All the above

95. The legal guardian of a Muslim minor female is:

(A) Father

(B) Grandfather

(D) Maternal uncle

96. Which one of the following is not essential for a valid marriage under Muslim Law?

(A) Offer and acceptance

(B) Competent parties

(D) Free consent

97. In which of the following case, the Supreme Court has held that the “three talaqs” would be treated as a “single talaq” and not a valid talaq:

(A) Mohd. Ahmad Khan v. Shah Bano Biegum (1985)

(B) Bai Tahira v. Ali Hussain (1979)

(D) None of the above

98. Iddat is a period during which a Muslim woman is prohibited from marrying on dissolution of marrige:

(A) By death

(B) By divorce

(D) Both (A) and (B)

99. In which of the following cases the Court held that “Doctrin of acknowledgement” is a part of the substantive Muslim Law of Inheritance and not a rule of Evidence:

(A) S.A. Hussain v. Rajamma

(B) Mohd. Amin v. Vakil Ahmad

(D) Habibur Rehman v. Altaf Ali

100. A gift by the husband to the wife in lieu of her dower is recognized as:

(A) Hiba-bil-'iwaz

(B) Hiba-ba—shartul-iwaz

(D) Will .