Previous Year Question Papers · Haryana Judicial Service Examination, 2014

Haryana Judicial Service Examination, 2014

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Series B

1. The cardinal principle of Criminal Law Nullum crimen nulla poena sine lege means

(A) No crime or punishment can exist without a pre-existing penal law

(B) A man is presumed to be innocent until proven guilty

(D) An act must be accompanied by a criminal intent to constitute an offence

2. The doctrine of Necessity has been elaborately considered in the landmark decision of

(A) R v. Mc Naghten (1843) 8 Eng Rep 718

(B) Basdev v. State of PEPSU AIR 1956 SC 488

(D) Bimbadar Pradhan v. State of Orissa AIR 1956 SC 469

3. In his will, Mr. Y wrote: “I intend my property to be equally divided between my three children A, S and H.” A dishonestly scratched out the name of H, intending that it may be believed that the whole of the property was left to the divided between H and himself alone. A is guilty of

(A) Cheating

(B) Forgery

(D) Theft

4. The general rules of succession in case of a female Hindu have been laid down in Section of the Hindu Succession Act, 1956.

(A) 11 (B) 12

5. The limitation period for initiating action where no period of limitation is prescribed anywhere is

(A) Three years from the date on which the right to apply accrues

(B) One year from the date on which the right to apply accrues

(D) None of the above

6. According to Article 227 of the Constitution, every High Court shall have over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction

(A) Supervision

(B) Superintendence

(D) None of the above

7. According to Article 233 of the Constitution, a District Judge is appointed by the

(A) Chief Justice of the State High Court

(B) Governor of the State

(D) None of the above ;

8. Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of

(A) Section 7 of the CPC

(B) Section 8 of the CPC

(D) Section 6 of the CPC

9. Constructive res judicata is contained in

(A) Explanation HI to Section 11 of the CPC

(B) Explanation VI to Section 11 of the CPC

(D) Explanation IV to Section 11 of the CPC

10. The Court under Section 89(1) of the CPC can refer the dispute for

(A) Meditation or Lok Adalat

(B) Arbitration or conciliation

(D) All of the above

11. Raju dies leaving behind a son Ravi and a married daughter Kavita, a suit filed by Raju, under his death, can be continued by:

(A) Ravi alone as legal representative

(B) Kavita alone as legal representative

(D) Ravi and Kavita both as legal representative

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

(A) Section 371

(B) Section 366

(D) Section 369

13. When the High Court or any Sessions Judge calls for to examine the record of any proceeding before any inferior criminal court, it is known as:

(A) Review

(B) Revision

(D) None of the above

14. A Chief Judicial Magistrate may pass a

(A) Sentence of imprisonment exceeding 7 years

(B) Sentence of imprisonment not exceeding 7 years

(D) Death sentence

15. Application for anticipatory bail may be made before:

(A) Chief Judicial Magistrate

(B) Sessions Court

(D) Both (b) and (c)

16. Surjit meets Gopi on high road, shows a pis¬tol and demands Gopi’s purse. Gopi in consequence surrenders his purse. Here Surjit has committed:

(A) Extortion

(B) Dacoity

(D) Robbery

17; Acid Attack is an offence as mentioned in:

(A) Section 326

(B) Section 320

(D) Section 354

18. Acts against which the right of private defence Is not available have been laid down in Section of the lPC

(A) 101 (B) 100

19. A finds a valuable ring on the road not knowing to whom it belongs. He sells it immediately without making an attempt to find the owner. A is guilty of:

(A) Theft

(B) Dishonest Misappropriation of Property

(D) None of the above

20. Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who habit completed the age of years shad be with the mother ordinarily.

(A) 5 (B) 6

21. The period of limitation for a review of the judgments

(A) 30 days (B) 60 days

22. Where the price of the goods under a contract of sale is to be fixed by the valuation lot a third party who fails to fix the valuation, but goods are supplied to the buyer, under Section 10 of the Sale of Goods Act, 1930, the buyer is

(A) Liable to pay the reasonable price of the goods

(B) Liable to pay the minimum price of the goods

(D) Liable to pay the maximum retail price

23. The limitation period for filing a suit by a person dispossessed of immovable property is

(A) Within six months from the date of dis-possession

(B) Within six months from the date oh which the petitioner comes to know of the dispossession

(D) Within twelve months from the date on which the petitioner comes to know of the dispossession

24. Which provision of the Code of Civil Procedure deals with right to lodge a caveat?

(A) Section 148 of the Civil Procedure Code

(B) Section 148A of the Civil Procedure Code

(D) Section 146 of the Civil Procedure Code

25. The consequences of non-compliance with the order to answer interrogatories or for discovery or inspection of documents have beer) dealt with under

(A) Order XI Rule 12 of the Civil Procedure Code

(B) Order XII Rule 12 of the Civil Procedure Code

(D) Order XII Rule 21 of the Civil Procedure Code

26. Under Section 27 of the Indian Contract Act, 1872 in which of the following relation an agreement in restraint of trade is valid:

(A) Mutual adjustment

(B) Business contingency

(D) None of these

27. In which of the following circumstance a surety stands discharged?

(A) By release or discharge of the principal debtor

(B) By variance in the terms of contract

(D) None of these

28. A is tried for the murder of B by poison. The fact that before the death of B, A procured poison similar to that which was administered to B is:

(A) Relevant

(B) Non relevant

(D) Neither relevant nor irrelevant

29. Dumb witness may give his evidence by writ¬ing or signs in open court such evidence shall be deemed to be:

(A) Written evidence

(B) Oral evidence

(D) It depends on the discretion of the Court to accept it or not

30. In which Section of the Indian Evidence Act, 1872, spedlal provision is mentioned regard- ing evidence relating to electronic record?

(A) Section 59

(B) Section 65A

(D) Section 67A

31. The case of Pakala Narain Swamy v. Emperor relates to:

(A) Doctrine of Estoppel

(B) Dying Declaration

(D) Accomplice

32. Under Section 25 of the Indian Partnership Act, 1932 the liability of the partners for the acts of the firm is:

(A) Joint and several

(B) Several

(D) Joint

33. Which statement is correct:

(A) A partnership firm is a juristic person

(B) A partnership firm is a distinct legal entity from its partners

(D) All the above

34. In which of the following cases the Privy Coun¬cil made a distinction between ‘common in-tention’and‘similar intention’?

(A) Banmi Mai v. Emperor

(B) Mehaboob Shah v. King Emperor

(D) Srinivas Barolia v. Emperor

35. Criminal breach of Trust deals with

(A) Stolen property

(B) Entrusted property

(D) Movable property

36. Section 173(8) of the Code of Criminal Procedure deals with

(A) Fresh investigation

(B) Further investigation

(D) None of the above

37. Form No. 32 of the Second Schedule of Cr.P.C. provides the format for framing of

(A) Charges

(B) Summons to witness

(D) Warrant after commutation of a sentence

38. According to the Constitution of India, which of the following are fundamental for the governance of the country?

(A) Fundamental Rights

(B) Fundamental Duties

(D) Fundamental Rights and Fundamental Duties

39. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

(A) Second Schedule

(B) Fifth Schedule

(D) Tenth Schedule

40. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

(A) Advisory jurisdiction

(B) Appellate jurisdiction

(D) Writ jurisdiction

41. An offer was sent by post, the acceptor wrote ‘accepted on the letter, put it in his drawer and forgot about it. The transaction is a

(A) Valid contract

(B) A voidable contract

(D) No agreement as the acceptance -5vas never communicated to the proposer ,

42. Execution of document may be presumed if the document is to be old

(A) Ten Years

(B) Twenty Years

(D) Forty Years

43. The word probate as used in Section 41 of the Indian Evidence Act, 1872 is defined under

(A) Section 3 of the Indian Evidence Act

(B) Section 2(m) of the Transfer of Property Act

(D) Section 3 of the General Clauses Act

44. Minimum sentence for ‘Ten years imprison¬ment’ is necessary for which of these offences?

(A) Section 326 voluntarily causing griev¬ous hurt by dangerous weapon

(B) Section 376(2)(g) Gang rape

(D) Section 409 Criminal breach of trust by a public servant

45. H takes prbperty belonging to S out of the possession of S in good faith, believing at the time when he takes it, that the property belongs to himself. Later on realizing his mistake, H continues to appropriate the property to his own use. H has committed the offence of

(A) Robbery

(B) Criminal breach of trust

(D) Cheating

46. Which of the following is provided under Section 9 of the Sale of Goods Act, 1930?

(A) Ascertainment of price

(B) Conditions and warranties

(D) All the above

47. Which of the following Sections deals with specific performance of a part of a contract:

(A) 10

(B) 11

(D) 13

48. Which of the following Sections lays down the rule that the discretionary power of the Court to grant specific performance is not arbitrary but sound and reasonable?

(A) 10

(B) 14

(D) None of the above

49. Article of the Constitution of India vests the residuary power of legislation with the Parliament.

(A) 246

(B) 247

(D) 250

50. The general power of transferring suits under Section 24 of CPC lies with

(A) High Court and the District Court

(B) High Court and Supreme Court

(D) District Court

51" Where a decree is to be sent to a Court in another state for execution, it has to be sent by:

(A) The High Court

(B) The District Court

(D) The Court which passed the decree with the consent of the High Court

52. When a decree is passed against the Union of India, execution of such decree shall not be issued unless it remains unsatisfied for the period of computed from the date of such decree.

(A) 1 Month

(B) 2 Months

(D) 6 Months

53. The provision regarding inter-pleader suit has been incorporated in Section:

(A) 87

(B) 88

(D) 90

54. Which of the following is correct:

(A) Section 113-Review, Section 114-Revi- sion. Section 115-Reference of the CPC

(B) Section 113-Reference, Section 114-Re- view. Section 115-Revision of the CPC

(D) None of the above

55. Which provision of the Cr.P.C. 1973 resem¬bles the writ of Habeas Corpus?

(A) Section 93

(B) Section 97

(D) Section 96

56. According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same suit several against the same defendant.

(A) Issues

(B) Claims

(D) Debts

57. Provisions of Section 10 of CPC are:

(A) Directory

(B) Mandatory

(D) Discretionary

58. General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

(A) Section 152 CPC

(B) Section 153 CPC

(D) Section 153B CPC

59. Which provision deals with determination of questions relating to discharge, satisfaction etc. of the decree?

(A) Section 48 of the Civil Procedure Code

(B) Section 46 of the Civil Procedure Code

(D) Section 21 of the Civil Procedure Code

60. Who may record a confessional statement under Section 164 Cr.P.C.?

(A) Police Officer

(B) Executive Officer

(D) Any Judicial Magistrate

61. What is the time limit in Section 468 Cr.P.C. for taking cognizance in a case of defamation?

(A) Six Months

(B) One Year

(D) No limit

62. Permission to investigate into a nori-icogni- zable offence can be granted by a:

(A) Magistrate in any part of India

(B) Magistrate in any part of State

(D) Sessions Judge

63. Offences of Indian Penal Code other than mentioned in Section 320 of Criminal Procedure Code are

(A) Not compoundable

(B) Compoundable with the permission of court

(D) Compoundable by the High Court

64. The compensation to the victim under Section 357 of the Code of Criminal Procedure can be passed by

(A) The Trial Court only

(B) The Appellate Court

(D) Any of the above Court

65. Which one of the following is not a source of law?

(A) Custom

(B) Legislation

(D) Judicial decision

66. A put his hand in the pocket of B for stealing money, but the pocket was empty. A is guilty of

(A) Theft

(B) Mischief

(D) No offence

67. ‘A’ beats his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder A hanged her on the fan with rope. Post mortem report disclosed her death from hanging. A is liable for

(A) Murder

(B) Culpable homicide

(D) Grievous hurt

68. A voluntary gift without consideration of prop¬erty or the substance of thing by one person to another so as to constitute the donee the proprietor of the subject matter of the gift is known as

(A) Hiba

(B) Aariat

(D) Hiba-ba-sharat-ul-iwaz

69. Divorce by Mutual Consent has been provided in Section of the Hindu Marriage Act, 1955

(A) 13A

(B) 13(1)

(D) None of the above

70. As a general rule, a petition for dissolution of Hindu marriage cannot be presented within of marriage.

(A) 2 Years\

(B) 1 Year

(D) Two Months

71. Under Section 24 of the Punjab Courts Act, 1918 will be the principal civil court of original jurisdiction.

(A) High Court

(B) District Court

(D) None of the above

72. Section 6 of the Limitation Act, 1963 is available to

(A) Plaintiffs

(B) Defendants

(D) None of the above

73. A stayed in the hotel of B for one week. He organised a party for his friends on 01.11.2014 the bill of which amounted to Rs. 40,000/-. He vacated his room on 05.11.2014 and settled all his bills except the bill of the party. B can sue A for the payment of Rs. 40,000/-within:

(A) 1 year from 01.11.2014

(B) 1 year from 05.11.2014

(D) 3 years from 05.11.2014

74. According to Section 7 of the Registration Act, 1908, the State Government shall establish in every an office to be styled as the office of the Registrar.

(A) Taluka

(B) District

(D) Sub-district

75. Under the Sale of Goods Act, 1930 the delivery can be:

(A) Symbolic only

(B) Actual only

(D) All the above

76. The Court can take cognizance of an offence under Section 22 of Haryana Urban (Control of Rent and Eviction) Act, 1973, upon

(A) A complaint in writing filed with the sanction of the Controller

(B) A report in writing of facts made by the Controller

(D) Neither (A) nor (B)

77. Under Section 20 of the Indian Contract Act, 1872 in case both the parties are under mis¬take as to matter of fact, the contract:

(A) Is valid

(B) Is invalid

(D) None of these

78. Which of the following Sections incorporates the surety’s right of subrogation

(A) 139

(B) 140

(D) 142

79. Public document under the Indian Evidence Act, 1872 can be proved by:

(A) Oral evidence

(B) The writer of the certified copy

(D) Any of the above

80. In case of suicide by a married woman, the court under Section 113A of the Indian Evidence Act, 1872 may presume that suicide had been abetted by her husband, if:

(1) Suicide was committed by the wife within a period of seven years from the date of her marriage

(2) The wife was subjected to cruelty

(3) The wife was illiterate and from a poor family

(4) The'wife was deserted by the husband Select the correct answer using the codes given below:

(A) (1) and (2)

(B) (1), (2) and (3)

(D) (2) and (4)

81. The case of Kashmira Singh v. State of Madhya Pradesh relates to:

(A) Privileged communications

(B) Dying declaration

(D) Confession of a co-accused

82. The question is if he is the horse sold by A to B is sound. A says to B “Go and ask C. C knows all about it.” C’s statement is a/an:

(A) Confession

(B) Admission

(D) Reference

83. Under Section 10, every partner has a duty to indemnify the firm for any loss caused to the firm by his in the conduct of the business of the firm,

(A) Negligence

(B) Wrongful act

(D) All of the above

84. A partnership for which no period or duration is fixed, under the Indian Partnership Act, 1932 known as

(A) General partnership

(B) Partnership at will

(D) Co-ownership

85. Section confers legitimacy on children born out of a valid or voidable marriage:

(A) 16

(B) 15

(D) None of the above

86. The Supreme Court was established in.

(A) 1950

(B) 1949

(D) 1980

87. Adherence to precedent is called the doctrine of

(A) Stare decisis

(B) Commercial impracticability

(D) Nolo contendere

88. Under Section 28 of the Hindu Marriage Act, 1955, every appeal from decrees or orders shall be prefrred with effect from 23rd December, 2013, within a period of from the date of decree or order:

(A) 120 days

(B) 90 days

(D) 60 days

89. Restitution of conjugal rights is available to

(A) Wife

(B) Husband

(D) Only husband and not wife

90. The first non-tribal Chief Minister of Jharkhand is

(A) ArjunMunda

(B) Babulal Marandi

(D) Madhu Koda

91. Pandit Madan Mohan Malviya was the Founder of

(A) Gurukul Kangri, Haridwar

(B) Banaras Hindu University, Banaras

(D) All the above

92. Kaushalya dam is located on the river Kaushalya

(A) Near Pinjore (Haryana)

(B) Near Ropar (Punjab)

(D) Near Jammu (J&K)

93. The method of proportional representation is adopted in the election of

(A) Prime Minister

(B) President

(D) Chief Justice of India

94. Under the Haryana Urban (Control of Rent and Eviction) Act, 1973, provision^ for determination of fair rent have been made in Section

(A) 3

(B) 4

(D) 7

95. Under Section 19 of the Indian Contract Act, 1872, the consent caused by coercion is:

(A) Voidable

(B) Valid

(D) None of these

96. Which one of the following Sections of the Hindu Succession Act, 1956 makes provisions for ‘Notional Partition’?

(A) Section 14

(B) Section 10

(D) Section 18

97. Who is the Chief Law Officer of India?

(A) Advocate General

(B) Attorney General

(D) Law Secretary of the Department of Legal Affairs

98. Who is known as the architect of the Constitution of independent India?

(A) Jawaharlal Nehru

(B) Rajendra Prasad

(D) B.R. Ambedkar

99. Who among the following won the Dadasaheb Phalke Award (2012)?

(A) Dev Anand

(B) Soumitra Chatterjee

(D) Kamal Hassan

100. In the case of Mohri Bibee v. Dharamdas Ghose, who was the defendant in the trial court?

(A) Dharamdas Ghoshe

(B) BrahmoDutt

(D) Kedar Nath

101. A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant as it shows

(A) Intention to shoot B

(B) Motive to shoot B

(D) None of the above

102. What is the meaning of “Not proved” under Evidence Act, 1872?

(A) Fact does not exist

(B) Non-existence probable

(D) Neither proved nor disproved

103. Registration of a firm is

(A) Mandatory

(B) Desirable

(D) Directory

104. Conspiracy is a

(A) Continuing offence

(B) No offence unless illegal results are there

(D) Piece of evidence only

105. Raju is cutting wood with an axe at a place where children are playing. The axe flies off and kills a nearby child. Raju is liable for:

(A) Murder

(B) Culpable Homicide

(D) No offence

106. The power to determine the language or a subordinate court is with:

(A) High Court

(B) State Government

(D) State Government with the concurrence of the High Court

107 The Victim Compensation Scheme under Section 357A was incorporated in

(A) 2004

(B) 2005

(D) 2012

108. What offence is bailable?

(A) Mentioned as bailable offence in I Schedule of Cr.P.C.

(B) All cases of summons trial

(D) All cases which are not triable by session

109. A man is prohibited to marry his daughter on the ground of

(A) Affinity

(B) Consanguinity

(D) None of the above

110. The Court can forfeit the right of maintenance on the ground of

(A) Re-marriage

(B) Sexual immorality

(D) Either (A) or (B)

111. The Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation

(A) Three yedrs

(B) Five years

(D) Seven years

112. The system of dual citizenship within-the country exists in

(A) USA

(B) France

(D) UK

113. Which of the following rivers flows through the State of Haryana?

(A) Satluj

(B) Yamuna

(D) Brahmaputra

114. Who among the following is the longest serv¬ing Chief Justice of India?

(A) S.R. Das

(B) B.P. Sinha

(D) Y.V. Chandrachud

115. How among the following is the first Chief Justice of Punjab High Court at Simla after independence?

(A) S.R. Das

(B) Ram Lal

(D) G:D. Khosla

116. For declaration of marriage as void, petition may be presented under Section 10 It the Hindu Marriage Act, 1955 by

(A) Aggrieved party

(B) Opposite party

(D) Family members

117. Local limits of the jurisdiction of a Subordi¬nate Judge is to be defined under Punjab Courts Act, 1918, by

(A) High Court

(B) District Judge

(D) Supreme Court

118. The registration of a gift of immovable property is:

(A) Compulsory

(B) Optional

(D) Depends on the Court

119. Section 23 of the Registration Act, 1908 speaks about any document being presented for registration to the proper office within months from its date of execution

(A) Six Months

(B) Three Months

(D) One Month

120. Under the Registration Act, 1908, a registered document operates

(A) From the date of its registration

(B) From the date of its execution

(D) Either of the aforesaid date

121. Under Section 23 of the Sale of Goods Act, 1930 for passing of property in goods:

(A) The buyer is to do something for ascer-taining the price

(B) The goods must be in a deliverable state

(D) All the above

122. The rights of an unpaid seller have been listed in:

(A) Section 45

(B) Section 46

(D) Section 49

123. An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963 is known as a

(A) Prepetual injunction

(B) Mandatory injunction

(D) Either (A) or (C)

124. The period of limitation for filing a suit for spe-cific performance is

(A) 6 years from the date fixed for performance

(B) 4 years from the date fixed for performance

(D) 12 years from the date fixed for performance 1

125. The rule that no tax shall be levied except by authority of law is embodied in Article:

(A) 262

(B) 263

(D) 265